City Council
Regular MeetingHialeah, FL · August 13, 2019
Minutes
OMB
Carlos 0
Hernández Council Members
Mayor Katharine Cue-Fuente
Jose F. Caragol
Vivian Casáls-Muñoz Paul B. Hernández
Council President Lourdes Lozano
Isis Garcia-Martinez Carl Zogby
Council Vice President
City Council Meeting Minutes
August 13, 2019
7:00 P.M.
Call to Order
REPORT: Council President Casáls-Muñoz called the meeting to order at 7:13 p.m.
Roll Call
REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Members
present:
o Council President Vivian Casáls-Muñoz
o Council Vice President Isis Garcia-Martinez
o Councilman Jose Caragol
o Councilman Paul Hernandez (arrived at 7:19 p.m.)
o Councilman Carl Zogby
REPORT: The following Council Members were absent:
o Councilwoman Cue-Fuente
o Councilwoman Lourdes Lozano
REPORT: Also present was:
o Lorena Bravo, City Attorney
o Mayor Carlos Hernandez
Invocation given by Marbelys Fatjo, City Clerk
REPORT: Marbelys Fatjo, City Clerk, led the invocation.
Pledge of Allegiance to be led by Councilman Zogby
REPORT: Councilman Zogby led the Pledge of Allegiance.
MEETING GUIDELINES
The following guidelines have been established by the City Council:
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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 Marbelys Fatjo, City
Clerk, in English and by Brigette Leal, Administrative Aide, in Spanish.
1. PRESENTATIONS
REPORT: None.
2. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA
Consent Items M, S and Y have been corrected.
Consent Item LL has been added to today’s agenda.
Consent Item G, Administrative Item 4C, and PZ 3 have been postponed until
August 27, 2019.
Additional backup for Administrative Item 4I has been placed on the dais for the
City Council’s review.
Item PZ 1 has been postponed until September 10, 2019.
3. 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
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agenda and considered along with the regular order of business.
REPORT: Motion to Approve the Consent Agenda made by Councilman Zogby, and
seconded by Council Vice President Garcia-Martinez. Motion passed 4-0-3 with
Councilmembers Cue-Fuente, Hernandez and Lozano absent.
A. Request permission to approve the minutes of the Council Meeting held on July 16, 2019.
(OFFICE OF THE CITY CLERK)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
B. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue two purchase orders, the first purchase order to Rescue Systems Unlimited LLC and the
second purchase order to Bulldog Hose Company LLC, to purchase fire protection
equipment, with the first purchase order in the amount of $24,700 and the second in the
amount of $55,160, for a total cumulative amount not to exceed $79,860. (FIRE DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
C. Proposed resolution approving the expenditure totaling an amount not to exceed $367,308.00
from the Law Enforcement Trust Fund - State Account to purchase eighteen (18) 2020
Chevrolet Malibu LT vehicles from Auto Nation Chevrolet, utilizing the pricing established
by a competitive bid from the Florida Sheriff’s Association, Bid #18-VEL26.0 upon such
costs having been approved by the Chief of Police. (POLICE DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-088
D. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to American Pavement Corp., vendor providing the lowest quotation,
for the restriping of East 4th Avenue, from 41 Street to 32 Street, in a total cumulative amount
not to exceed $15,770. (STREETS)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
E. Request permission to waive competitive bidding, since it is advantageous to the City, and
increase Purchase Order No. 2019-354, issued to General Asphalt Co., Inc., to purchase
emergency EZ Street hot asphalt, by an additional amount of $6,500, for a new total
cumulative amount not to exceed $21,500. (STREETS)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
F. Request permission for approval to pay the annual City of Hialeah membership dues to the
Miami-Dade County League of Cities, Inc., for providing a variety of benefits to the City
including legislative advocacy and updates, bond services, legal advice, access to the
statewide newsletter, and educational webinars, in a total cumulative amount not to exceed
$15,000. (OFFICE OF THE MAYOR)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
G. Proposed resolution urging the United States Citizenship and Immigration Services
(“USCIS”) to reevaluate and grant Ramon Saul Sanchez’s application for permanent resident
status; further directing the City Clerk to transmit a copy of this resolution to the officials
named herein. (ADMINISTRATION) POSTPONED UNTIL AUGUST 27, 2019.
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H. Report of Scrivener’s Error – Resolution No. 2019-027 of the City Council Meeting of
March 12, 2019 was passed and adopted with an error. The header of the ordinance was
passed and adopted as follows:
“50 Brother RuggedJet RJ-42330BL.”
The ordinance should be corrected as follows:
“Brother RuggedJet RJ-4230BL.”
(POLICE DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
I. Proposed resolution approving the expenditure totaling an amount not to exceed forty two
thousand twenty dollars ($42,020.00) from the Law Enforcement Trust Fund - Federal, to
purchase 20 Lenovo ThinkPad T489 laptop computers and applicable warranties from
Lenovo, Inc., an authorized distributor, utilizing Florida NASPO ValuePoint Contract No.
MNWNC-117/43211500-WSCA-15-ACS, and 20 Brother RuggedJet RJ-4230BL label
printers, related accessories, and extended maintenance plans from CDW Computer Centers,
LLC (Government Division), and authorized distributor, utilizing National IPA Technology
Solutions Contract No. 2018011-01, and waiving competitive bidding as it is advantageous to
the City, upon such costs having been approved by the Chief of Police. (POLICE DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION 2019-089
J. Proposed resolution approving the expenditure totaling an amount not to exceed $124,098.00
from the Law Enforcement Trust Fund - Federal Account to purchase three (3) 2020
Chevrolet Tahoe 4WD Vehicles from Auto Nation Chevrolet, utilizing the pricing
established by a competitive bid from the Florida Sheriff’s Association, Bid #18-VEL26.0
upon such costs having been approved by the Chief of Police. (POLICE DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-090
K. Request permission to waive competitive bidding, since it is advantageous to the City, and
increase Purchase Order No. 2019-20, issued to Cummins Inc., doing business as Cummins
Power South, to purchase truck parts and service, by an additional amount of $15,000, for a
new total cumulative amount not to exceed $65,000. (FLEET MAINTENANCE DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
L. Request permission to waive competitive bidding, since it is advantageous to the City, and
increase Purchase Order No. 2019-23, issued to Rainbow Window Tinting, Inc., doing
business as Rainbow Emergency Equipment, for the purchase of emergency equipment and
supplies for City vehicles, by an additional amount of $60,000, for a new total cumulative
amount not to exceed $220,000. (FLEET MAINTEANCE DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
M. Request approval to increase Purchase Order No. 2019-924, issued to Burgess Chambers and
Associates, Inc., as the investment advisor for the Deferred Compensation/Defined
Contribution Plans commencing on October 1, 2018 and ending on September 30, 2019, by
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an additional amount of $2,500 due to the fund’s assets experiencing better than expected
returns, in a total cumulative amount not to exceed $50,100. (OFFICE OF MANAGEMENT
AND BUDGET)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
N. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to Waste Connections of Florida, Inc., vendor providing the lowest
quotation, for the disposal of special waste from the cleaning of storm drains as necessary
throughout the year, in a total cumulative amount not to exceed $60,000. (STREETS)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
O. Request permission to waive competitive bidding, since it is advantageous to the City in that
the vendor has agreed to extend the unit prices of the 2017-2018 fiscal year contract for the
remainder of the 2018-2019 fiscal year, and issue a purchase order to Horizon Contractors,
Inc., to continue the removal and replacement of damaged sidewalks and curbs throughout
the City, in a total cumulative amount not to exceed $181,712.06. (STREETS)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
P. Report of Scrivener’s Error – Ordinance No. 2009-34 of the City Council Meeting of April
28, 2009 was passed and adopted with an error. The first whereas clause of the ordinance
was passed and adopted as follows:
“Whereas, the Planning and Zoning Board on October 22, 2008 did not recommend the
proposed amendment”.
The ordinance should be corrected as follows:
“Whereas, the Planning and Zoning Board on October 22, 2008 recommended the proposed
amendment.”
(LAW DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
Q. Report of Scrivener’s Error – Resolution No. 2017-015 of the City Council Meeting of
February 14, 2017 was passed and adopted with an error. Section 1 of the Resolution was
passed and adopted as follows:
“where 25 feet are required.”
The ordinance should be corrected as follows:
“The Mayor and the City Council of the City of Hialeah, Florida, hereby approve Final
Decision 17-01 granting an adjustment of 13.10 feet, between the main residence and gazebo,
to 13.10 feet, where 20 feet are required.”
(LAW DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
R. Report of Scrivener’s Error – Ordinance No. 2018-111 of the City Council Meeting of
October 9, 2018 was passed and adopted with an error. In Section 1 of the ordinance, the
shorter legal description should be substituted to identify the 6-foot alley to achieve the lot
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size requirement.
The ordinance should read as follows:
Lots 12, 13 and North ½ of the 12 foot alley lying South of and adjacent to said lots as closed
per Resolution No. R-94-104, in Block 11F, of “REVISED PLAT OF FOURTEENTH
ADDITION TO HIALEAH”, according to the Plat thereof, as recorded in Plat Book 29 at
Page 46, of the Public Records of Miami-Dade County, Florida.
(LAW DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
S. Request approval to approval to increase Purchase Order No. 2019-925, issued to Burgess
Chambers and Associates, Inc., as the investment advisor for the Elected Officers Retirement
Trust commencing on October 1, 2018 and ending on September 30, 2019, by an additional
amount of $1,400 due to fund’s assets experiencing better than expected returns, in a total
cumulative amount not to exceed $30,900. (OFFICE OF MANAGEMENT AND BUDGET)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
T. Request permission to utilize Contract No. 030117-LTS, effective through April 14, 2021
between the National Joint Power Alliance and Playpower, Inc., and issue a purchase order
to Miracle Recreation Equipment Company, for the purchase and installation of a new shade
system for Sparks Park outdoor gym shade structure, in a total cumulative amount not to
exceed $22,798.01. (DEPT. OF PARKS & RECREATION)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
U. Request permission to issue a purchase order to Brunswick Corporation, doing business as
LifeFitness, sole source vendor, for the purchase of ten (10) pieces of selectorized gym
equipment which will serve to construct an outdoor gym for the community at Sparks Park
and surrounding areas, in a total cumulative amount not to exceed $30,355.58. (DEPT. OF
PARKS & RECREATION)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
V. Request permission to waive competitive bidding, since it is advantageous to the City in that
this vendor has agreed to maintain the same prices from fiscal year 2017-2018, and issue a
purchase order to Super Landscape & Maintenance, Inc., for the landscaping of all City
parks and for the new City park, in a total cumulative amount not to exceed $418,555.
(DEPT. OF PARKS & RECREATION)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
W. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to Royal Electrical Supply, Inc., vendor providing the lowest
quotation, for the installation of new LED lighting in all posts at McDonald Park, in a total
cumulative amount not to exceed $22,785. (DEPT. OF PARKS & RECREATION)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
X. Request permission to waive competitive bidding, since it is advantageous to the City, and
increase Purchase Order No. 2019-384, issued to Law Enforcement Psychological and
Counseling Associates, Inc., for the psychological screening services for the hiring of
certified police officers, firefighters and Employee Assistance Program (EPA), by an
additional amount of $5,000, for a new total cumulative amount not to exceed $45,000.
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(HUMAN RESOURCES DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
Y. Request permission to increase Purchase Order No. 2019-667, issued to Acosta Tractors,
Inc., to increase the scope of work for roadway improvements to West 16th to 18th Court from
46th to 49th Street to address the broken sidewalks, dips/potholes in the road, construction of
additional curb and gutters to improve pedestrian safety on sidewalks adjacent to the road
and modification to segments of the drainage system due to various utility conflicts by an
additional amount of $70,058.82, in a total cumulative amount not to exceed $579,311.32.
On August 28, 2019, this vendor was awarded Hialeah Invitation to Bid # 2017/18-3210-00-
003- Roadway, Improvements to West 16th to 18th Court from 46th to 49th Street. (STREETS)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
Z. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf
of the City, to enter into a Software as a Service (SAAS) Master Agreement with SIRSI
Corporation, a copy of which is attached to this resolution, for five years, commencing on the
date the last party signs, with subsequent five year renewals unless cancelled by written
notice, for a data migration, annual subscription and support of the Sirsdynix Symphony
SAAS Integrated Library System, including cataloging, circulation, public access and
reports, for the City of Hialeah Public Libraries; further authorizing the annual expenditures
as per the attached quote, and providing for an effective date. (LIBRARY)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-091
AA. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to SHI International Corp., to purchase a three (3) year subscription
for Cb Defense by Carbon Black, to be paid over a three year period as follows: year one (1)
$22,978.39, year two (2) $20,680, year three (3) $20,680, for a total cumulative expense
amount not to exceed $64,338.39. (INFORMATION TECHNOLOGY DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
BB. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to PCMG, Inc., vendor providing the lowest quotation, for the
purchase of an upgrade to the City’s current license for Enterprise Vault to the Enterprise
Vault Suite, in a total cumulative amount not to exceed $31,450. (INFORMATION
TECHNOLOGY DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
CC. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to SHI International Corp., for the purchase of a three (3) year security
awareness training subscription from KnowBe4 Inc., in a total cumulative amount not to
exceed $25,387.50. (INFORMATION TECHNOLOGY DEPT.)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
DD. Request permission to waive competitive bidding, since it is advantageous to the City in that
during construction and preparation for asphalt, the contractor found a discrepancy between
the asphalt quantities disclosed in pay item list of the project plans dated January 13, 2019
and the field quantities, and increase Purchase Order No. 2019-1419, issued to Acosta
Tractors Inc., for the purchase of asphalt for roadway improvements to West 16th Avenue
from West 68th to 74th Street, by an additional amount of $40,408.17, for a new total
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cumulative amount not to exceed $565,000. On March 26, 2019 the City Council awarded
Hialeah Bid No. 2018/19-3210-00-011 - West 16th Avenue Roadway Improvements from
West 68th Street to West 74th Street to this vendor. (DEPT. OF GRANTS & HUMAN
SERVICES AND STREETS)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
EE. Proposed resolution accepting a grant award, from the State of Florida Department of Elder
Affairs, through Alliance for Aging, Inc. in the amount of $1,650,000 to provide congregate
meals at five (5) sites throughout the city for one (1) year commencing July 1, 2019 and
ending on June 30, 2020; approving and ratifying a Local Services Program Agreement
between Alliance for Aging, Inc. and the City of Hialeah, Florida, executed by Annette
Quintana as Director of the Grants Department on behalf of the Mayor and the City, a copy
of which is attached hereto and made a part of hereof as Exhibit “1”; and further authorizing
the Mayor or his designee on behalf of the city to execute all other necessary documents in
furtherance thereof. (DEPT. OF GRANTS & HUMAN SERVICES)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-092
FF. Proposed resolution approving and ratifying the State Housing Initiatives Partnership
(SHIP) Program’s Owner Occupied Rehabilitation Program Sponsor Agreement between
Community Revitalization Affiliates, Inc. and the City of Hialeah, Florida, a copy of which
is attached hereto and made a part hereof as Exhibit “A”, to administer a portion of the
City’s State Housing Initiatives Partnership Program Owner-Occupied Rehabilitation
Program, for a period beginning upon execution of the agreement through June 30, 2021;
and authorizing the Mayor or his designee to execute and deliver all State Housing
Initiatives Partnership’s Funds and all other necessary or customary documents in
furtherance thereof on behalf of the city; and providing for an effective date. (DEPT. OF
GRANTS & HUMAN SERVICES)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-093
GG. Proposed resolution authorizing the City utilization of Home Investment Partnerships
(HOME) Program funds awarded to the City by the U.S. Department of Housing and Urban
Development (HUD) to increase the existing amount of home program funding awarded to
Hialeah Housing Authority for the construction of a new elderly housing community known
as Seminola Elderly Housing Development by $256,557.44 for a new total award in an
amount not to exceed $6,278,652.09, in order to further facilitate the construction of the
project. (DEPT. OF GRANTS & HUMAN SERVICES)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-094
HH. Proposed resolution ratifying a Sub-Recipient Services Agreement between Hialeah
Housing Authority and the City of Hialeah, Florida, executed by Annette Quintana as
Director of the Grants Department on behalf of the Mayor and the City, a copy of which is
attached hereto and made a part hereof as Exhibit “I”. to operate the City’s Hot Lunch
Program for elderly residents at five (5) congregate meal sites and provide other related
services and activities for one-year commencing July 1, 2019 and ending on June 30, 2020.
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(DEPT. OF GRANTS & HUMAN SERVICES)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-095
II. Proposed resolution authorizing the Mayor or his designee on behalf of the City of Hialeah,
Florida, to submit to the United States Department of Housing and Urban Development
(HUD) the Action Plan budgets for program year 2019, commencing on October 1, 2019
and ending on September 30, 2020, a copy of which is attached hereafter as Exhibit A-E,
which shall include the allocations and selected programs for CDBG, HOME, ESG, and the
sub-recipients awards for public service and microenterprise business assistance;
authorizing the Mayor or his designee to execute any and all agreements, certifications and
assurances in furtherance of the programs in the action plan in accordance with the United
States Department of Housing and Urban Development Regulations; and providing for an
effective date. (DEPT. OF GRANTS & HUMAN SERVICES)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-096
JJ. Proposed resolution repealing and rescinding Resolution 2019-034 (March 26, 2019), that
authorized the use of State Housing Initiative Partnership (SHIP) program funds in the
amount of $256,557.44 for the construction of the Seminola Elderly Housing Development
containing 83 units of elderly-occupied affordable housing; and providing for an effective
date. (DEPT. OF GRANTS & HUMAN SERVICES)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-097
KK. Proposed resolution approving and ratifying a State Housing Initiatives Partnership (SHIP)
Program’s Rental Assistance /Rapid Re-Housing Sub-Recipient Services Agreement
between Volunteers of America of Florida, Inc. and the City of Hialeah, Florida, to provide
financial assistance and support to homeless individuals and families in need of permanent
housing, in the total amount of $39,000.00, for a term commencing on July 1, 2019 and
ending on June 30, 2020, a copy of which is attached hereto and made a part hereof as
Exhibit “1”; and providing for an effective date. (DEPT. OF GRANTS & HUMAN
SERVICES)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-098
LL. Proposed resolution repealing and rescinding Hialeah Resolution No. 2019-40 (April 9,
2019), that authorized the execution of a State Housing Initiatives Partnership (SHIP)
Program’s Rental Assistance / Rapid Re-Housing Sub-Recipient Services Agreement
between Citrus Health Network, Inc. and the City of Hialeah in the total amount of
$232,571.55; and authorizing the Mayor or his designee and the City Clerk, as attesting
witness, on behalf of the City to execute a new State Housing Initiatives Partnership (SHIP)
Program’s Rental Assistance / Rapid Re-Housing Sub-Recipient Services Agreement, a
copy of which is attached hereafter in substantial form as Exhibit “1”, between Citrus Health
Network, Inc. and the City of Hialeah, in the amount of $193,571.55, for a term
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commencing upon execution of the agreement and ending on June 30, 2020; and providing
for an effective date. (DEPT. OF GRANTS & HUMAN SERVICES)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano absent.
RESOLUTION NO. 2019-099
4. ADMINISTRATIVE ITEMS
4A. Second reading and public hearing of proposed ordinance amending Chapter 50 entitled
“Housing”, Article II. Minimum Housing Code, of the Code of Ordinances of the City of
Hialeah, and in particular, adding a new Section 50-30 entitled “Storm Shutters”, to
provide for storm shutter regulations including conditions during which storm shutters
can be used, and to provide for penalties for violations thereof; repealing all ordinances
or parts of ordinances in conflict herewith; providing penalties for violation hereof;
providing for inclusion in the code; providing for a severability clause; providing for an
effective date. (ADMINISTRATION)
APPROVED 4-0-3 with Councilmembers Cue-Fuente, Hernandez and Lozano
absent.
Item was approved on first reading by the City Council on June 25, 2019.
Item was postponed by administration on June 11, 2019.
REPORT: Motion to Approve Item 4A made by Councilman Caragol, and seconded by
Councilman Zogby. Motion passed 4-0-3 with Councilmembers Cue-Fuente, Hernandez
and Lozano absent.
ORDINANCE NO. 2019-056
4B. Second reading and public hearing of proposed ordinance accepting from Bonterra
Communities TIC, LLC and Club Bonterra Lennar, LLC a Warranty Deed conveying all
right, title and interest to improved land as described in the Warranty Deed attached as
Exhibit “1”; 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. (DEPT. OF PUBLIC WORKS)
APPROVED 5-0-2 with Councilmembers Cue-Fuente and Lozano absent.
Item was approved on first reading by the City Council on June 25, 2019.
REPORT: Motion to Approve Item 4B made by Council Vice President Garcia-Martinez,
and seconded by Councilman Caragol. Motion passed 5-0-2 with Councilmembers Cue-
Fuente and Lozano absent.
ORDINANCE NO. 2019-057
4C. Second reading and public hearing of proposed ordinance approving a second
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amendment to the Development Agreement by and among FDG Countyline, LLC, a
Delaware limited liability company, FDG BN Expansion, LLC, a Delaware limited
liability company, and the City of Hialeah, Florida, dated March 31, 2014 approved by
Hialeah, Fla. Ordinance 2014-18 (March 25, 2014), as amended on June 19, 2018
(Hialeah, Fla. Ordinance 2018-41, May 22, 2018), a copy of the Second Amendment in
substantial form is attached hereto and made a part hereof as Exhibit “1”, incorporating
additional vacant land to be developed pursuant to the project program and providing for
roadways to be built and dedicated by developer. Property comprising approximately
515 acres, more or less, within an 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; all located in Hialeah, Florida. Property having a land use classification
of industrial and located within the BDH Business Development Zoning District.
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. (PLANNING & ZONING DIVISION) POSTPONED UNTIL AUGUST 27,
2019.
Item was approved on first reading by the City Council on June 25, 2019.
On April 23, 2019 the item was postponed until further notice.
4D. First reading of proposed ordinance submitting to the electorate at a Special Election
conducted during the Primary Election of the City of Hialeah occurring in the City of
Hialeah, Florida on Tuesday, November 5, 2019, wherein the electors of the City of
Hialeah, Florida shall be privileged to vote on the following question:
TITLE: CHARTER CHANGES TO ARTICLE IV OF THE HIALEAH CHARTER
ENTITLED “ADMINISTRATIVE”.
“SHALL THE CITY AMEND THE HIALEAH CHARTER TO HEAR ZONING
AND LAND USE MATTERS AT THE FIRST AVAILABLE REGULAR CITY
COUNCIL MEETING AFTER NOTICE OF THE HEARING IS PROVIDED
ACCORDING TO STATE LAW; AND TO CHANGE THE RESIDENCY
ELECTOR REQUIREMENT FOR BOARD MEMBERS TO ALLOW NON-
RESIDENT TRUSTEES OF THE EMPLOYEE RETIREMENT SYSTEM; AND
TO ALLOW NON-RESIDENT MEMBERS OF THE OVERSIGHT
COMMITTEE FOR THE ELECTED OFFICIALS RETIREMENT SYSTEM?"
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties
for violation hereof; providing for inclusion in charter; providing for a severability
clause and providing for an effective date.
(ADMINISTRATION)
APPROVED 5-0-2 with Councilmembers Cue-Fuente and Lozano absent.
REPORT: William Grodnick Esq., City’s consultant, explained item to the City Council.
REPORT: Motion to Approve Item 4D made by Councilman Caragol, and seconded by
Council Vice President Garcia-Martinez. Motion passed 5-0-2 with Councilmembers
Cue-Fuente and Lozano absent. Second reading and public hearing is scheduled for
8/14/2019 5:05 PM
August 27, 2019.
4E. First reading of proposed ordinance submitting to the electorate at a Special Election
conducted during the Primary Election of the City of Hialeah occurring in the City of
Hialeah, Florida on Tuesday, November 5, 2019, wherein the electors of the City of
Hialeah, Florida shall be privileged to vote on the following question:
TITLE: CHARTER CHANGES TO ARTICLE III OF THE HIALEAH CHARTER
ENTITLED “LEGISLATIVE”.
“SHALL THE CITY AMEND THE HIALEAH CHARTER TO INCLUDE THE
ADOPTION OF ZONING AND LAND USE DECISIONS BY ORDINANCE AND
NONUSE ADJUSTMENTS AND LAND USE TRANSMITTALS TO THE STATE
OF FLORIDA FOR COMMENT BY RESOLUTION; AND TO APPROVE ALL
TYPES OF BUDGET TRANSFERS BY RESOLUTION DURING THE FISCAL
YEAR AND APPROVE APPROPRIATION AMENDMENTS TO THE BUDGET
AFTER THE CLOSE OF THE FISCAL YEAR BY ORDINANCE?"
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties
for violation hereof; providing for inclusion in charter; providing for a severability
clause and providing for an effective date.
(ADMINISTRATION)
APPROVED 5-0-2 with Councilmembers Cue-Fuente and Lozano absent.
REPORT: William Grodnick Esq., City’s consultant, explained item to the City Council.
REPORT: Motion to Approve Item 4E made by Council Vice President Garcia-Martinez,
and seconded by Councilman Zogby. Motion passed 5-0-2 with Councilmembers Cue-
Fuente and Lozano absent. Second reading and public hearing is scheduled for August
27, 2019.
4F. First reading of proposed ordinance submitting to the electorate at a Special Election
conducted during the Primary Election of the City of Hialeah occurring in the City of
Hialeah, Florida on Tuesday, November 5, 2019, wherein the electors of the City of
Hialeah, Florida shall be privileged to vote on the following question:
TITLE: CHARTER CHANGES AUTHORIZING MAYOR TO DECLARE AN
EMERGENCY AND TEMPORARY SUSPENSION OF SPENDING LIMITS.
“SHALL THE CITY AMEND THE HIALEAH CHARTER TO AUTHORIZE THE
MAYOR TO DECLARE A STATE OF EMERGENCY AND UNDERTAKE ALL
EMERGENCY MANAGEMENT POWERS IN TIME OF PUBLIC DANGER OR
EMERGENCY; AND TO SUSPEND SPENDING LIMITS DURING THE
EMERGENCY THAT WOULD NORMALLY REQUIRE CITY COUNCIL
APPROVAL FOR NO MORE THAN 90 DAYS, UNLESS EXTENDED FOR
GOOD CAUSE BY THE CITY COUNCIL?"
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties
for violation hereof; providing for inclusion in charter; providing for a severability
8/14/2019 5:05 PM
clause and providing for an effective date.
(ADMINISTRATION)
APPROVED 5-0-2 with Councilmembers Cue-Fuente and Lozano absent.
REPORT: William Grodnick Esq., City’s consultant, explained item to the City Council.
REPORT: Motion to Approve Item 4F made by Councilman Hernandez, and seconded
by Councilman Caragol. Motion passed 5-0-2 with Councilmembers Cue-Fuente and
Lozano absent. Second reading and public hearing is scheduled for August 27, 2019.
4G. First reading of proposed ordinance submitting to the electorate at a special election
conducted during the Primary Election of the City of Hialeah occurring in the City of
Hialeah, Florida on Tuesday, November 5, 2019, wherein the electors of the City of
Hialeah, Florida shall be privileged to vote on the following question:
TITLE: CHARTER CHANGES TO ARTICLE I ENTITLED “CORPORATE
EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWER”.
“SHALL THE CITY AMEND THE HIALEAH CHARTER TO INCLUDE JOINT
USE AGREEMENTS, JOINT PARTICIPATION AGREEMENTS,
INTERGOVERNMENTAL AGREEMENTS, LEASE AGREEMENTS
SUPPORTED BY RENT, MANAGEMENT OR OPERATIONAL
AGREEMENTS, FRANCHISE AGREEMENTS AND LICENSE AGREEMENTS
INVOLVING THE SPENDING OF CITY FUNDS TO EXCEED 5 YEARS UPON
APPROVAL BY A SUPER MAJORITY VOTE (5/7TH) OF THE CITY
COUNCIL?"
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties
for violation hereof; providing for inclusion in charter; providing for a severability
clause and providing for an effective date.
(ADMINISTRATION)
APPROVED 5-0-2 with Councilmembers Cue-Fuente and Lozano absent.
REPORT: William Grodnick Esq., City’s consultant, explained item to the City Council.
REPORT: Motion to Approve Item 4G made by Council Vice President Garcia-
Martinez, and seconded by Councilman Zogby. Motion passed 5-0-2 with
Councilmembers Cue-Fuente and Lozano absent. Second reading and public hearing is
scheduled for August 27, 2019.
4H. First reading of proposed ordinance submitting to the electorate at a special election
conducted during the Primary Election of the City of Hialeah occurring in the City of
Hialeah, Florida on Tuesday, November 5, 2019, wherein the electors of the City of
Hialeah, Florida shall be privileged to vote on the following question:
TITLE: CHANGES TO ARTICLE V OF THE HIALEAH CHARTER
ENTITLED “ELECTIONS”.
“SHALL THE CITY AMEND THE HIALEAH CHARTER TO EXTEND THE
8/14/2019 5:05 PM
GENERAL ELECTION DATE TO THE THIRD TUESDAY AFTER
NOVEMBER 1, TWO WEEKS FROM THE PRIMARY ELECTION;
PROVIDING ONE SWEARING-IN DATE FOR EACH ELECTION CYCLE;
PROVIDING THAT CANDIDATES FOR ELECTIVE OFFICE PAY FILING
FEES AND ASSESSMENTS CONSISTENT WITH STATE LAW; AND TO
CLARIFY THAT SUCH CANDIDATES MUST BE A RESIDENT ELECTOR
FOR MINIMUM OF ONE YEAR IMMEDIATE PRECEDING THE PRIMARY
OR SPECIAL ELECTION?"
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties
for violation hereof; providing for inclusion in charter; providing for a severability
clause and providing for an effective date.
(ADMINISTRATION)
APPROVED 5-0-2 with Councilmembers Cue-Fuente and Lozano absent.
REPORT: William Grodnick Esq., City’s Consultant, explained item to the City Council.
REPORT: Motion to Approve Item 4H made by Councilman Hernandez and seconded
by Councilman Caragol. Motion passed 5-0-2 with Councilmembers Cue-Fuente and
Lozano absent. Second reading and public hearing is scheduled for August 27, 2019.
4I. First reading of proposed ordinance accepting the dedication of 30 acres of improved
land, more or less, from Countyline I, LLC, a Delaware Limited Liability Company, for
park purposes, as more particularly described in the Special Warranty Deed, a copy of
which is attached hereto and made a part hereof as “Exhibit 1”; repealing all ordinances
or parts of ordinances in conflict herewith; providing for a severability clause; and
providing for an effective date. (ADMINISTRATION)
APPROVED 5-0-2 with Councilmembers Cue-Fuente and Lozano absent.
REPORT: Motion to Approve Item 4I made by Council Vice President Garcia-Martinez,
and seconded by Councilman Zogby. Motion passed 5-0-2 with Councilmembers Cue-
Fuente and Lozano absent. Second reading and public hearing is scheduled for August
27, 2019.
5. BOARD APPOINTMENTS
REPORT: NONE
6. UNFINISHED BUSINESS
REPORT: NONE
7. NEW BUSINESS
8/14/2019 5:05 PM
REPORT: None.
8. COMMENTS AND QUESTIONS
Mayor Hernandez reminded the City Council on the street naming of West 12th
Avenue/NW 67th Avenue from 84th Street/NW 138th Street/State Road 916 to West
82nd Street as “Carlos Oliva Way” that will be taking place August 16, 2019 at 10
a.m.
Rafael Diaz De La Portilla, 1333 Calle Ocho, Miami, Florida, addressed the City
Council regarding Census 2020.
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:
REPORT: All were duly sworn in.
a. 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.
PZ 1. Second reading and public hearing of proposed ordinance granting a Conditional Use
Permit (CUP) to allow an elementary school for a maximum of 23 students pursuant to
Hialeah Code of Ordinances § 98-181; and granting a variance permit to allow 13 parking
spaces, where 23 parking spaces are required; contra to Hialeah Code of Ordinances § 98-
2189(9); allow a 1.4% pervious area, where 18% is required; allow a 2 foot landscape
buffer, where a 7 foot landscape buffer is required; and allow no trees and no shrubs,
where 8 trees and 80 shrubs are required, subject to mitigation pursuant to § 98-2233; all
contra to the City of Hialeah Landscape Manual, latest edition dated July 9, 2015, ¶ (E)
Tree and Lawn Requirements by zoning classification, Table A, …minimum pervious
area…percent of net lot area, ¶ (D)(7), parking lot buffers, and ¶ (G) landscape legend
information required to be permanently affixed to plan, subpart trees and shrubs. Property
zoned C-1 (Restricted Retail Commercial District); property located at 375 East 49
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. POSTPONED UNTIL SEPTEMBER 10, 2019.
8/14/2019 5:05 PM
On June 25, 2019 item was postponed until August 13, 2019 by the City Council per the applicant’s
request.
Item was approved on first reading by the City Council on May 28, 2019. Second reading and public
hearing was scheduled for June 25, 2019.
Registered Lobbyist: Oscar Gonzalez, 7901 West 21 Avenue, Hialeah, Florida 33016.
On May 15, 2019 the item was approved by the Planning and Zoning Board with the following
conditions:
The increase on the number of students and staff is not recommended and the CUP for the
existing 23 student school could be granted with the condition that a 2 feet landscape buffer be
provided at the edge of the property line to prevent improper parking encroaching into the
sidewalk and that no less than 2 employees for traffic circulation control be on site at drop-off
and pick-up hours daily.
The parking variance could be approved with the condition that 3,460 square feet of the building
remain utilized by a daycare operation which requires 50% parking spaces less than other
commercial uses, that the substandard spaces at the rear be exclusively used by compact cars and
that a minimum of 5 parking spaces be available at the times that the existing medical clinic is in
operation.
The pervious area variance could be approved with the condition that adequate drainage be
provided through a drainage system, the 2 feet landscape buffer should be approved since there is no
space to provide a wider buffer and the waiver of the landscape requirement could be approved with
the condition that the 8 trees and 80 shrubs be mitigated in accordance to Sec. 98-2233.
Planner’s Recommendation: Approve with no school expansion and with conditions.
Owners of the Property: Adriki Investments Corp., 80 Marina Avenue, Key Largo, Florida 33037
Ruben Demblans, 80 Marina Avenue, Key Largo, Florida 33037.
PZ 2. Second reading and public hearing of proposed ordinance granting a Special Use Permit
(SUP) to allow a temporary trailer and a shelter for an ATM machine utilized by Regions
Bank while the property is demolished and redeveloped, for a time not exceeding 24
months from the effective date of this ordinance pursuant to Hialeah Code of Ordinances §
98-161, et. al.; property zoned M-3 (Industrial District). Property located at 2899 West
4 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 Cue-Fuente and Lozano absent.
Item was approved on first reading by the City Council on June 25, 2019. Second reading and public
hearing was scheduled for August 13, 2019.
Registered Lobbyist: William Rombera, 14125 NW 80 Avenue, Suite 303, Miami Lakes, FL 33016.
On June 12, 2019, the item was approved by the Planning and Zoning Board.
8/14/2019 5:05 PM
Planner’s Recommendation: Approval.
Owners of the Property: Belsize Park LLC, 20533 Biscayne Blvd, Suite 1305, Aventura, FL 33180.
Achikam Yogev, 20533 Biscayne Blvd, #1305, Aventura, Florida 33160.
REPORT: Motion to Approve Item PZ 2 made by Councilman Caragol, and seconded by
Council Vice President Garcia-Martinez. Motion passed 5-0-2 with Councilmembers Cue-
Fuente and Lozano absent.
ORDINANCE NO. 2019-058
PZ 3. First reading of proposed ordinance allowing for the site plan signed and sealed and dated
March 14, 2019 by Alan D. Lerner, registered architect, and granting a variance permit to
allow a rear setback of 38 feet, where 45 are required; allow a pervious area of 15.43
percent, where 20 percent is required; allow parking at the front and side of the property,
where all parking is required in the rear; and allow seven occupational licenses, where no
more than two occupational licenses are allowed; all contra to Hialeah Code of
Ordinances §§ 98-781(2), 98-781(5), 98-782 and 98-778(2). Property located at 135
West 49 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. POSTPONED UNTIL
AUGUST 27, 2019.
Registered Lobbyist: Brian S. Adler, Bilzin, Sumberg, 1450 Brickell Avenue, Suite 2300, Miami, FL.
Item was postponed by the City Council on May 14, 2019, May 28, 2019, June 11, 2019, and June 25,
2019.
On April 24, 2019 the item was approved by the Planning and Zoning Board with the following
conditions:
1. The maximum number of business tax receipts for the facility is limited to seven. Notwithstanding the seven issued
business tax receipts, no more than three of the seven doctors shall be located at the facility at any given time.
2. Should property be converted to a use other than an endoscopy/gastrointestinal center, the maximum number of
business tax receipts shall revert to a maximum of two unless otherwise approved by the City of Hialeah City
Commission or otherwise permitted under the City of Hialeah Code.
3. The facility shall provide a valet parking or a parking attendant at a minimum during workdays between the hours of
7:00 a.m. to 12:00 p.m.
4. The facility shall encourage employees to utilize public transportation, drop-off or carpooling.
5. The facility shall maintain and/or provide patients with the name of transportation and or pickup services utilized at the
property to encourage patients to use the transportation facilities rather than driving separately to the facility.
8/14/2019 5:05 PM
Planner’s Recommendation: Approve rear setback, pervious area and parking location variances and
allow a maximum of four occupational licenses.
Owners of the Property: Torres Hialeah Investment, LLC., 4791 West 4th Avenue, Hialeah, Florida
33012.
PZ 4. First reading of proposed ordinance granting a variance permit to allow a rear setback of
11.3 feet, where 20 feet are required; allow an interior east side setback of 6.6 feet and an
interior west side setback of 5 feet, where 10 feet are required respectively, and allow a
side setback of 1.7 feet, where 10 feet are required for an existing carport and allow lot
coverage of 34 percent, where a maximum of 30 percent is allowed; all contra to Hialeah
Code of Ordinances §§ 98-590, 98-591, and 98-2056(b)(2); Property located at 75
West 14 Street, Hialeah, Florida. Property zoned R-3 (Multi-Family District).
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 Cue-Fuente and Lozano absent.
Registered Lobbyist: Francisco De La Paz, 3920 West 12th Avenue, Hialeah, Florida 33012.
On June 26, 2019, the item was approved by the Planning and Zoning Board with the condition that
the addition is legalized within 180 days. The applicant should be aware that the building permit plans
for such legalization shall also include the demolition of concrete pavement to provide the required
30% pervious area and the legalization of the existing shed located between the buildings.
Planner’s Recommendation: Approval with conditions
Owner of the Property: Maritza I. Galvan, 75 West 14th Street, Hialeah, Florida 33010.
REPORT: Frank De La Paz, 3920 West 12th Avenue, addressed the City Council.
REPORT: Debora Storch, Planning and Zoning Official, City of Hialeah, addressed the
City Council regarding this item.
REPORT: Motion to Approve Item PZ 4 with Conditions made by Councilman Caragol,
and seconded by Council Vice President Garcia-Martinez. Motion passed 5-0-2 with
Councilmembers Cue-Fuente and Lozano absent. Second reading and public hearing is
scheduled for August 27, 2019.
PZ 5. First reading of proposed ordinance granting a variance permit to allow 13 off-street
parking spaces, where 17 parking spaces are required; allow a side setback of 2 feet 4
inches, where 2 feet 7 inches is the minimum required; and allow a waiver of the
minimum landscape requirements to allow 7.16% pervious area, where 10% is the
minimum required and allow 4 trees and 100 shrubs provided that 18 trees and 120
shrubs are mitigated to protect and maintain tree canopy and landscape cover of the city
pursuant to Hialeah Code of Ordinances § 98-2233. Property zoned M-1 (Industrial
District) all contra to Hialeah Code of Ordinances §§ 98-2189(22) and § 98-1372; and
8/14/2019 5:05 PM
the latest edition of the Hialeah Landscape Manual dated July 9, 2015, Paragraph (E)
Table A Tree and Lawn Requirements by zoning classification and Paragraph (G)
Landscape Legend Information…Shrubs. Property located at 340 West 78 Road,
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 Cue-Fuente and Lozano absent.
Registered Lobbyist: Anthony Escarra Esq., 16400 NW 59th Avenue, Miami Lakes, Florida33014
On June 26, 2019, the item was approved by the Planning and Zoning Board.
Planner’s Recommendation: Approval.
Owners of the Property: Amelia Storage, LLC., 340 West 78th Road, Hialeah, Florida 33014.
REPORT: Alex Vilarello, 16400 NW 59th Avenue, addressed the City Council and
provided the City Council members with copies of a rendering.
REPORT: Council President Casáls Muñoz called a recess at 8:19 p.m.
REPORT: Council President Casáls-Muñoz called the meeting to order at 8:22 p.m.
REPORT: Motion to Approve Item PZ 5 made by Councilman Zogby, and seconded by
Councilman Hernandez. Motion passed 5-0-2 with Councilmembers Cue-Fuente and
Lozano absent. Second reading and public hearing is scheduled for August 27, 2019.
FINAL DECISIONS
FD 1. Recommendation of denial by the Planning and Zoning Board to allow side street setback
of 1.5 feet, where 15 feet are required, for an existing aluminum accessory building
attached to the main house; allow interior side setback of 3.5 feet, where 7.5 feet are
required for an existing utility shed and allow 2.8 feet interior side setback for an existing
screened porch, where 7.5 feet are required at property located at 4041 West 6th Court,
Hialeah, Florida. POSTPONED UNTIL SEPTEMBER 10, 2019.
On June 12, 2019, the item was denied by the Planning and Zoning Board.
Planner’s Recommendation: Denial.
Owner of the Property: Victor Delgado, 4041 West 6th Court, Hialeah, Florida 33012.
REPORT: Victor Delgado, 4041 West 6th Court, addressed the City Council.
8/14/2019 5:05 PM
REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council
regarding this item.
REPORT: Motion to Table Item FD 1 until September 10, 2019 made by Councilman
Caragol, and seconded by Council Vice President Garcia-Martinez. Motion passed 5-0-2
with Councilwoman Cue-Fuente and Councilwoman Lozano absent.
FD 2. Recommendation of denial by the Planning and Zoning Board to allow 3.11 interior side
setback for an addition to the main house, where 5.9 feet is the minimum required; allow
2.5 feet interior west side setback and 2.5 feet rear setback for a terrace, where 5.9 feet
and 7.5 feet respectively are the minimum required and allow 4.70 street side setback,
where 15 feet is the minimum required for property located at 590 East 55th Street,
Hialeah, Florida. POSTPONED UNTIL AUGUST 27, 2019.
On June 12, 2019, the item was denied by the Planning and Zoning Board.
Planner’s Recommendation: Denial.
Owners of the Property: Francisco Tabares & Yanet Mora, 590 East 55th Street, Hialeah, Florida
33013.
REPORT: Motion to Table Item FD 2 until August 27, 2019 made by Council Vice
President Garcia-Martinez, and seconded by Councilman Hernandez. Motion passed 5-0-2
with Councilwoman Cue-Fuente and Councilwoman Lozano absent.
REPORT: The meeting was adjourned by Council President Casáls-Munoz at 8:52 p.m.
NEXT CITY COUNCIL MEETING: Tuesday, August 27, 2019 at 7:00 p.m.
NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, August 27, 2019 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 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.
8/14/2019 5:05 PM
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 two (2) 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).
8/14/2019 5:05 PM
Agenda
OMB
Carlos 0
Hernández Council Members
Mayor Katharine Cue-Fuente
Jose F. Caragol
Vivian Casáls-Muñoz Paul B. Hernández
Council President Lourdes Lozano
Isis Garcia-Martinez Carl Zogby
Council Vice President
City Council Meeting Agenda
August 13, 2019
7:00 P.M.
Call to Order
Roll Call
Invocation given by Marbelys Fatjo, City Clerk
Pledge of Allegiance to be led by Councilman Zogby
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.
1. PRESENTATIONS
8/9/2019 5:24 PM
2. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA
Administrative Item 4C has been postponed until August 27, 2019.
Item PZ 1 has been postponed until September 10, 2019.
3. 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.
A. Request permission to approve the minutes of the Council Meeting held on July 16, 2019.
(OFFICE OF THE CITY CLERK)
B. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue two purchase orders, the first purchase order to Rescue Systems Unlimited LLC and
the second purchase order to Bulldog Hose Company LLC, to purchase fire protection
equipment, with the first purchase order in the amount of $24,700 and the second in the
amount of $55,160, for a total cumulative amount not to exceed $79,860. (FIRE DEPT.)
C. Proposed resolution approving the expenditure totaling an amount not to exceed
$367,308.00 from the Law Enforcement Trust Fund - State Account to purchase eighteen
(18) 2020 Chevrolet Malibu LT vehicles from Auto Nation Chevrolet, utilizing the pricing
established by a competitive bid from the Florida Sheriff’s Association, Bid #18-VEL26.0
upon such costs having been approved by the Chief of Police (POLICE DEPT.)
D. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to American Pavement Corp., vendor providing the lowest quotation,
for the restriping of East 4th Avenue, from 41 Street to 32 Street, in a total cumulative
amount not to exceed $15,770. (STREETS DEPARTMENT)
E. Request permission to waive competitive bidding, since it is advantageous to the City, and
increase Purchase Order No. 2019-354, issued to General Asphalt Co., Inc., to purchase
emergency EZ Street hot asphalt, by an additional amount of $6,500, for a new total
cumulative amount not to exceed $21,500. (STREETS DEPARTMENT)
F. Request permission for approval to pay the annual City of Hialeah membership dues to the
Florida League of Cities, Inc., for providing a variety of benefits to the City including
legislative advocacy and updates, bond services, legal advice, access to the statewide
newsletter, and educational webinars, in a total cumulative amount not to exceed $15,000.
(OFFICE OF THE MAYOR)
8/9/2019 5:24 PM
G. Proposed resolution urging the United States Citizenship and Immigration Services
(“USCIS”) to reevaluate and grant Ramon Saul Sanchez’s application for permanent
resident status; further directing the City Clerk to transmit a copy of this resolution to the
officials named herein. (ADMINISTRATION)
H. Report of Scrivener’s Error – Resolution 2019-027 of the City Council Meeting of March
12, 2019 was passed and adopted with an error. The header of the ordinance was passed
and adopted as follows:
“50 Brother RuggedJet RJ-42330BL.”
The ordinance should be corrected as follows:
“Brother RuggedJet RJ-4230BL.”
(OFFICE OF THE CITY CLERK)
I. Proposed resolution approving the expenditure totaling an amount not to exceed forty two
thousand twenty dollars ($42,020.00) from the Law Enforcement Trust Fund- Federal, to
purchase 20 Lenovo ThinkPad T489 laptop computers and applicable warranties from
Lenovo, Inc., an authorized distributor, utilizing Florida Naspo ValuePoint Contract No.
MNWNC-117/43211500-WSCA-15-ACS, and 20 Brother RuggedJet RJ-4230BL label
printers, related accessories, and extended maintenance plans from CDW Computer
Centers, LLC (Government Division), and authorized distributor, utilizing National IPA
Technology Solutions Contract No. 2018011-01, and waiving competitive bidding as it is
advantageous to the City, upon such costs having been approved by the Chief of Police.
(POLICE DEPT.)
J. Proposed resolution approving the expenditure totaling an amount not to exceed
$124,098.00 from the Law Enforcement Trust Fund - Federal Account to purchase three
(3) 2020 Chevrolet Tahoe 4WD Vehicles from Auto Nation Chevrolet, utilizing the pricing
established by a competitive bid from the Florida Sheriff’s Association, Bid #18-VEL26.0
upon such costs having been approved by the Chief of Police. (POLICE DEPT.)
K. Request permission to waive competitive bidding, since it is advantageous to the City, and
increase Purchase Order No. 2019-20, issued to Cummins Inc., doing business as Cummins
Power South, to purchase truck parts and service, by an additional amount of $15,000, for a
new total cumulative amount not to exceed $65,000. (FLEET MAINTENANCE DEPT.)
L. Request permission to waive competitive bidding, since it is advantageous to the City, and
increase Purchase Order No. 2019-23, issued to Rainbow Window Tinting, Inc., doing
business as Rainbow Emergency Equipment, for the purchase of emergency equipment and
supplies for City vehicles, by an additional amount of $60,000, for a new total cumulative
amount not to exceed $220,000. (FLEET MAINTEANCE DEPT.)
M. Request approval to retain the professional services of Burgess Chambers and Associates,
Inc., as the investment advisor for the Deferred Compensation/Defined Contribution Plans
commencing on October 1, 2018 and ending on September 30, 2019, with the firm’s
compensation fee being based on a percent of the fund’s assets at the end of each quarter
(0.07% fee of the total assets), which is estimated at $47,600 annually.
(OFFICE OF MANAGEMENT AND BUDGET)
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N. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to Waste Connections of Florida, Inc., vendor providing the lowest
quotation, for the disposal of special waste from the cleaning of storm drains, as necessary
throughout the year, in a total cumulative amount not to exceed $60,000.
(STREETS DEPARTMENT)
O. Request permission to waive competitive bidding, since it is advantageous to the City in
that the vendor has agreed to extend the unit prices of the 2017-2018 fiscal year contract
for the remainder of the 2018-2019 fiscal year, and issue a purchase order to Horizon
Contractors, Inc., to continue the removal and replacement of damaged sidewalks and
curbs throughout the City, Horizon Contractors, Inc., in a total cumulative amount not to
exceed $181,712.06. (STREETS)
P. Report of Scrivener’s Error – Ordinance No. 2009-34 of the City Council Meeting of April
28, 2009 was passed and adopted with an error. The first whereas clause of the ordinance
was passed and adopted as follows:
“Whereas, the Planning and Zoning Board on October 22, 2008 did not recommend the
proposed amendment”.
The ordinance should be corrected as follows:
“Whereas, the Planning and Zoning Board on October 22, 2008 recommended the
proposed amendment.”
(LAW DEPT.)
Q. Report of Scrivener’s Error – Resolution No. 2017-015 of the City Council Meeting of
February 14, 2017 was passed and adopted with an error. Section 1 of the Resolution was
passed and adopted as follows:
“where 25 feet are required.”
The ordinance should be corrected as follows:
“The Mayor and the City Council of the City of Hialeah, Florida, hereby approve Final
Decision 17-01 granting an adjustment of 13.10 feet, between the main residence and
gazebo, to 13.10 feet, where 20 feet are required.”
(LAW DEPT.)
R. Report of Scrivener’s Error – Ordinance No. 2018-111 of the City Council Meeting of
October 9, 2018 was passed and adopted with an error. In Section 1 of the ordinance, the
shorter legal description should be substituted to identify the 6 foot alley to achieve the lot
size requirement.
The ordinance should read as follows:
Lots 12, 13 and North ½ of the 12 foot alley lying South of and adjacent to said lots as
closed per Resolution No. R-94-104, in Block 11F, of “REVISED PLAT OF
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FOURTEENTH ADDITION TO HIALEAH”, according to the Plat thereof, as recorded in
Plat Book 29 at Page 46, of the Public Records of Miami-Dade County, Florida.
(LAW DEPT.)
S. Request approval to retain the professional services of Burgess Chambers and Associates,
Inc., as the investment advisor for the Elected Officers Retirement Trust, commencing on
October 1, 2018 and ending on September 30, 2019, with the firm’s compensation fee being
based on a percent of the fund’s assets at the end of each quarter (0.25% fee of the total
assets), which is estimated at $30,900 annually. (OFFICE OF MANAGEMENT AND
BUDGET)
T. Request permission to utilize Contract No. 030117-LTS, effective through April 14, 2021
between the National Joint Power Alliance and Playpower, Inc., and issue a purchase order
to Miracle Recreation Equipment Company, for the purchase and installation of a new
shade system for Sparks Park outdoor gym shade structure, in a total cumulative amount
not to exceed $22,798.01. (DEPT. OF PARKS & RECREATION)
U. Request permission to issue a purchase order to Brunswick Corporation, doing business as
LifeFitness, sole source vendor, for the purchase of ten (10) selectorized gym equipment
which will serve to construct an outdoor gym for the community at Sparks Park and
surrounding areas, in a total cumulative amount not to exceed $30,355.58. (DEPT. OF
PARKS & RECREATION)
V. Request permission to waive competitive bidding, since it is advantageous to the City in
that this vendor has agreed to maintain the same prices from fiscal year 2017-2018, and
issue a purchase order to Super Landscape & Maintenance, Inc., for the landscaping of all
City parks and for the new City park, in a total cumulative amount not to exceed $418,555.
(DEPT. OF PARKS & RECREATION)
W. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to Royal Electrical Supply, Inc., vendor providing the lowest
quotation, for the installation of new LED lighting in all posts at McDonald Park, in a total
cumulative amount not to exceed $22,785. (DEPT. OF PARKS & RECREATION)
X. Request permission to waive competitive bidding, since it is advantageous to the City, and
increase Purchase Order No. 2019-384, issued to Law Enforcement Psychological and
Counseling Associates, Inc., for the psychological screening services for the hiring of
certified police officers, firefighters and Employee Assistance Program (EPA), by an
additional amount of $5,000, for a new total cumulative amount not to exceed $45,000.
(HUMAN RESOURCES DEPT.)
Y. Request permission to issue a purchase order to Acosta Tractors, Inc., to address the broken
sidewalks, dips/potholes in the road, construction of additional curb and gutters to improve
pedestrian safety on sidewalks adjacent to the road and modification to segments of the
drainage system due to various utility conflicts to roadway improvements on West 16th to
18th Court from 46th to 49th Street, in a total cumulative amount not to exceed $70,058.82.
On August 28, 2019 this vendor was awarded Hialeah Invitation to Bid # 2017/18-3210-00-
003- Roadway, Improvements to West 16th to 18th Court from 46th to 49th Street.
(STREETS)
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Z. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on
behalf of the City, to enter into a software as a service (SAAS) master agreement with
SIRSI Corporation, a copy of which is attached to this resolution, for five years,
commencing on the date the last party signs, with subsequent five year renewals unless
cancelled by written notice, for a data migration, annual subscription and support of the
Sirsdynix Symphony SAAS Integrated Library System, including cataloging, circulation,
public access and reports, for the City of Hialeah Public Libraries; further authorizing the
annual expenditures as per the attached quote, and providing for an effective date.
(LIBRARY)
AA. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to SHI International Corp., to purchase a three (3) year subscription
for Cb Defense by Carbon Black, to be paid over a three year period as follows: year one
(1) $22,978.39, year two (2) $20,680, year three (3) $20,680, for a total cumulative amount
not to exceed $64,338.39. (INFORMATION TECHNOLOGY DEPT.)
BB. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to PCMG, Inc., vendor providing the lowest quotation, for the
purchase of an upgrade to the City’s current license for Enterprise Vault to the Enterprise
Vault Suite, for a total cumulative amount not to exceed $31,450. (INFORMATION
TECHNOLOGY DEPT.)
CC. Request permission to waive competitive bidding, since it is advantageous to the City, and
issue a purchase order to SHI International Corp., for the purchase of a three (3) year
security awareness training subscription, for a total cumulative amount not to exceed
$25,387.50. (INFORMATION TECHNOLOGY DEPARTMENT)
DD. Request permission to waive competitive bidding, since it is advantageous to the City in
that during construction and preparation for asphalt, the contractor found a discrepancy
between the asphalt quantities disclosed in pay item list of the project plans dated January
13, 2019 and the field quantities, and increase Purchase Order No. 2019-1419, issued to
Acosta Tractors Inc., for the purchase of asphalt for West 16th Avenue from West 68th to
74th Street, by an additional amount of $40,408.17, for a new total cumulative amount not
to exceed $565,000. On March 26, 2019 the City Council awarded Hialeah Bid No.
2018/19-3210-00-011 - West 16th Avenue Roadway Improvements from West 68th Street to
West 74th Street to this vendor. (DEPT. OF GRANTS & HUMAN SERVICES AND
STREETS)
EE. Proposed resolution accepting a grant award, from the State of Florida Department of Elder
Affairs, through Alliance for Aging, Inc. in the amount of $1,650,000 to provide congregate
meals at five (5) sites throughout the city for one (1) year commencing July 1, 2019 and
ending on June 30, 2020; approving and ratifying a local services program agreement
between Alliance for Aging, Inc. and the City of Hialeah, Florida, executed by Annette
Quintana as Director of the Grants Department on behalf of the Mayor and the city, a copy
of which is attached hereto and made a part of hereof as Exhibit “1”; and further authorizing
the Mayor or his designee on behalf of the city to execute all other necessary documents in
furtherance thereof. (DEPT. OF GRANTS & HUMAN SERVICES)
FF. Proposed resolution approving and ratifying the State Housing Initiatives Partnership (SHIP)
Program’s Owner Occupied Rehabilitation Program sponsor agreement between
Community Revitalization Affiliates, Inc. and the City of Hialeah, Florida, a copy of which
is attached hereto and made a part hereof as Exhibit “A”, to administer a portion of the
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city’s State Housing Initiatives Partnership Program Owner-Occupied Rehabilitation
Program, for a period beginning upon execution of the agreement through June 30, 2021;
and authorizing the Mayor or his designee to execute and deliver all State Housing
Initiatives Partnership’s Funds and all other necessary or customary documents in
furtherance thereof on behalf of the city; and providing for an effective date. (DEPT. OF
GRANTS & HUMAN SERVICES)
GG. Proposed resolution authorizing the city utilization of Home Investment Partnerships
(HOME) Program funds awarded to the city by the U.S. Department of Housing and Urban
Development (HUD) to increase the existing amount of home program funding awarded to
Hialeah Housing Authority for the construction of a new elderly housing community known
as Seminola Elderly Housing Development by $256,557.44 for a new total award in an
amount not to exceed $6,278,652.09, in order to further facilitate the construction of the
project. (DEPT. OF GRANTS & HUMAN SERVICES)
HH. Proposed resolution ratifying a Sub-Recipient Services Agreement between Hialeah
Housing Authority and the City of Hialeah, Florida, executed by Annette Quintana as
Director of the Grants Department on behalf of the Mayor and the city, a copy of which is
attached hereto and made a part hereof as Exhibit “I”. to operate the city’s Hot Lunch
Program for elderly residents at five (5) congregate meal sites and provide other related
services and activities for one-year commencing July 1, 2019 and ending on JUNE 30, 2020.
(DEPT. OF GRANTS & HUMAN SERVICES)
II. Proposed resolution authorizing the Mayor or his designee on behalf of the City of Hialeah,
Florida, to submit to the United States Department of Housing and Urban Development
(HUD) the Action Plan budgets for program year 19, commencing on October 1, 2019 and
ending on September 30, 2020, a copy of which is attached hereafter as Exhibit A-E, which
shall include the allocations and selected programs for CDBG, HOME, ESG, and the sub-
recipients awards for public service and microenterprise business assistance; authorizing the
Mayor or his designee to execute any and all agreements, certifications and assurances in
furtherance of the programs in the action plan in accordance with the United States
Department of Housing and Urban Development Regulations; and providing for an effective
date. (DEPT. OF GRANTS & HUMAN SERVICES)
JJ. Proposed resolution of the Mayor and the City Council of the City of Hialeah, Florida,
repealing and rescinding Resolution 2019-034 (March 26, 2019), that authorized the use of
State Housing Initiative Partnership (SHIP) program funds in the amount of $256,557.44 for
the construction of the Seminola Elderly Housing Development containing 83 units of
elderly-occupied affordable housing; and providing for an effective date. (DEPT. OF
GRANTS & HUMAN SERVICES)
KK. Proposed resolution approving and ratifying a State Housing Initiatives Partnership (SHIP)
Program’s Rental Assistance /Rapid Re-Housing Sub-Recipient Services Agreement
between Volunteers of America of Florida, Inc. and the City of Hialeah, Florida, to provide
financial assistance and support to homeless individuals and families in need of permanent
housing, in the total amount of $39,000.00, for a term commencing on July 1, 2019 and
ending on June 30, 2020, a copy of which is attached hereto and made a part hereof as
Exhibit “1”; and providing for an effective date. (DEPT. OF GRANTS & HUMAN
SERVICES)
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4. ADMINISTRATIVE ITEMS
4A. Second reading and public hearing of proposed ordinance amending Chapter 50 entitled
“Housing”, Article II. Minimum Housing Code, of the Code of Ordinances of the City
of Hialeah, and in particular, adding a new Section 50-30 entitled “Storm Shutters”, to
provide for storm shutter regulations including conditions during which storm shutters
can be used, and to provide for penalties for violations thereof; repealing all ordinances
or parts of ordinances in conflict herewith; providing penalties for violation hereof;
providing for inclusion in the code; providing for a severability clause; providing for an
effective date. (ADMINISTRATION)
Item was approved on first reading by the City Council on June 25, 2019.
Item was postponed by administration on June 11, 2019.
4B. Second reading and public hearing of proposed ordinance accepting from Bonterra
Communities TIC, LLC and Club Bonterra Lennar, LLC a warranty deed conveying all
right, title and interest to improved land as described in the warranty deed attached as
Exhibit “1”; 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. (DEPT. OF PUBLIC WORKS)
Item was approved on first reading by the City Council on June 25, 2019.
4C. Second reading and public hearing of proposed ordinance approving a second
amendment to the Development Agreement by and among FDG Countyline, LLC, a
Delaware limited liability company, FDG BN Expansion, LLC, a Delaware limited
liability company, and the City of Hialeah, Florida, dated March 31, 2014 approved by
Hialeah, Fla. Ordinance 2014-18 (March 25, 2014), as amended on June 19, 2018
(Hialeah, Fla. Ordinance 2018-41, May 22, 2018), a copy of the Second Amendment in
substantial form is attached hereto and made a part hereof as Exhibit “1”, incorporating
additional vacant land to be developed pursuant to the project program and providing for
roadways to be built and dedicated by developer. Property comprising approximately
515 acres, more or less, within an 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; all located in Hialeah, Florida. Property having a land use classification
of industrial and located within the BDH Business Development Zoning District.
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. (PLANNING & ZONING DIVISION) POSTPONED UNTIL AUGUST 27,
2019.
Item was approved on first reading by the City Council on June 25, 2019.
On April 23, 2019 the item was postponed until further notice.
4D. First reading of proposed ordinance submitting to the electorate at a special election
conducted during the Primary Election of the City of Hialeah occurring in the City of
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Hialeah, Florida on Tuesday, November 5, 2019, wherein the electors of the City of
Hialeah, Florida shall be privileged to vote on the following question:
TITLE: CHARTER CHANGES TO ARTICLE IV OF THE HIALEAH CHARTER
ENTITLED “ADMINISTRATIVE”.
“SHALL THE CITY AMEND THE HIALEAH CHARTER TO HEAR ZONING
AND LAND USE MATTERS AT THE FIRST AVAILABLE REGULAR CITY
COUNCIL MEETING AFTER NOTICE OF THE HEARING IS PROVIDED
ACCORDING TO STATE LAW; AND TO CHANGE THE RESIDENCY
ELECTOR REQUIREMENT FOR BOARD MEMBERS TO ALLOW NON-
RESIDENT TRUSTEES OF THE EMPLOYEE RETIREMENT SYSTEM; AND
TO ALLOW NON-RESIDENTS MEMBERS OF THE OVERSIGHT
COMMITTEE FOR THE ELECTED OFFICIALS RETIREMENT SYSTEM?"
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties
for violation hereof; providing for inclusion in charter; providing for a severability
clause and providing for an effective date.
(ADMINISTRATION)
4E. First reading of proposed ordinance submitting to the electorate at a special election
conducted during the Primary Election of the City of Hialeah occurring in the City of
Hialeah, Florida on Tuesday, November 5, 2019, wherein the electors of the City of
Hialeah, Florida shall be privileged to vote on the following question:
TITLE: CHARTER CHANGES TO ARTICLE III OF THE HIALEAH CHARTER
ENTITLED “LEGISLATIVE”.
“SHALL THE CITY AMEND THE HIALEAH CHARTER TO INCLUDE THE
ADOPTION OF ZONING AND LAND USE DECISIONS BY ORDINANCE AND
NONUSE ADJUSTMENTS AND LAND USE TRANSMITTALS TO THE STATE
OF FLORIDA FOR COMMENT BY RESOLUTION; AND TO APPROVE ALL
TYPES OF BUDGET TRANSFERS BY RESOLUTION DURING THE FISCAL
YEAR AND APPROVE APPROPRIATION AMENDMENTS TO THE BUDGET
AFTER THE CLOSE OF THE FISCAL YEAR BY ORDINANCE?"
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties
for violation hereof; providing for inclusion in charter; providing for a severability
clause and providing for an effective date.
(ADMINISTRATION)
4F. First reading of proposed ordinance submitting to the electorate at a special election
conducted during the Primary Election of the City of Hialeah occurring in the City of
Hialeah, Florida on Tuesday, November 5, 2019, wherein the electors of the City of
Hialeah, Florida shall be privileged to vote on the following question:
TITLE: CHARTER CHANGES AUTHORIZING MAYOR TO DECLARE AN
EMERGENCY AND TEMPORARY SUSPENSION OF SPENDING LIMITS.
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“SHALL THE CITY AMEND THE HIALEAH CHARTER TO AUTHORIZE THE
MAYOR TO DECLARE A STATE OF EMERGENCY AND UNDERTAKE ALL
EMERGENCY MANAGEMENT POWERS IN TIME OF PUBLIC DANGER OR
EMERGENCY; AND TO SUSPEND SPENDING LIMITS DURING THE
EMERGENCY THAT WOULD NORMALLY REQUIRE CITY COUNCIL
APPROVAL FOR NO MORE THAN 90 DAYS, UNLESS EXTENDED FOR
GOOD CAUSE BY THE CITY COUNCIL?"
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties
for violation hereof; providing for inclusion in charter; providing for a severability
clause and providing for an effective date.
(ADMINISTRATION)
4G. First reading of proposed ordinance submitting to the electorate at a special election
conducted during the Primary Election of the City of Hialeah occurring in the City of
Hialeah, Florida on Tuesday, November 5, 2019, wherein the electors of the City of
Hialeah, Florida shall be privileged to vote on the following question:
TITLE: CHARTER CHANGES TO ARTICLE I ENTITLED “CORPORATE
EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWER”.
“SHALL THE CITY AMEND THE HIALEAH CHARTER TO INCLUDE JOINT
USE AGREEMENTS, JOINT PARTICIPATION AGREEMENTS,
INTERGOVERNMENTAL AGREEMENTS, LEASE AGREEMENTS
SUPPORTED BY RENT, MANAGEMENT OR OPERATIONAL
AGREEMENTS, FRANCHISE AGREEMENTS AND LICENSE AGREEMENTS
INVOLVING THE SPENDING OF CITY FUNDS TO EXCEED 5 YEARS UPON
APPROVAL BY A SUPER MAJORITY VOTE (5/7TH) OF THE CITY
COUNCIL?"
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties
for violation hereof; providing for inclusion in charter; providing for a severability
clause and providing for an effective date.
(ADMINISTRATION)
4H. First reading of proposed ordinance submitting to the electorate at a special election
conducted during the Primary Election of the City of Hialeah occurring in the City of
Hialeah, Florida on Tuesday, November 5, 2019, wherein the electors of the City of
Hialeah, Florida shall be privileged to vote on the following question:
TITLE: CHANGES TO ARTICLE V OF THE HIALEAH CHARTER
ENTITLED “ELECTIONS”.
“SHALL THE CITY AMEND THE HIALEAH CHARTER TO EXTEND THE
GENERAL ELECTION DATE TO THE THIRD TUESDAY AFTER
NOVEMBER 1, TWO WEEKS FROM THE PRIMARY ELECTION;
PROVIDING ONE SWEARING-IN DATE FOR EACH ELECTION CYCLE;
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PROVIDING THAT CANDIDATES FOR ELECTIVE OFFICE PAY FILING
FEES AND ASSESSMENTS CONSISTENT WITH STATE LAW; AND TO
CLARIFY THAT SUCH CANDIDATES MUST BE A RESIDENT ELECTOR
FOR MINIMUM OF ONE YEAR IMMEDIATE PRECEDING THE PRIMARY
OR SPECIAL ELECTION?"
Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties
for violation hereof; providing for inclusion in charter; providing for a severability
clause and providing for an effective date.
(ADMINISTRATION)
4I. First reading of proposed ordinance accepting the dedication of 30 acres of improved
land, more or less, from Countyline I, LLC, a Delaware Limited Liability Company, for
park purposes, as more particularly described in the special warranty deed, a copy of
which is attached hereto and made a part hereof as “Exhibit 1”; repealing all ordinances
or parts of ordinances in conflict herewith; providing for a severability clause; and
providing for an effective date. (ADMINISTRATION)
5. BOARD APPOINTMENTS
6. UNFINISHED BUSINESS
7. NEW BUSINESS
8. COMMENTS AND QUESTIONS
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:
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a. 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.
PZ 1. Second reading and public hearing of proposed ordinance granting a Conditional Use
Permit (CUP) to allow an elementary school for a maximum of 23 students pursuant to
Hialeah Code of Ordinances § 98-181; and granting a variance permit to allow 13 parking
spaces, where 23 parking spaces are required; contra to Hialeah Code of Ordinances § 98-
2189(9); allow a 1.4% pervious area, where 18% is required; allow a 2 foot landscape
buffer, where a 7 foot landscape buffer is required; and allow no trees and no shrubs,
where 8 trees and 80 shrubs are required, subject to mitigation pursuant to § 98-2233; all
contra to the City of Hialeah Landscape Manual, latest edition dated July 9, 2015, ¶ (E)
Tree and Lawn Requirements by zoning classification, Table A, …minimum pervious
area…percent of net lot area, ¶ (D)(7), parking lot buffers, and ¶ (G) landscape legend
information required to be permanently affixed to plan, subpart trees and shrubs. Property
zoned C-1 (Restricted Retail Commercial District); property located at 375 East 49
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. POSTPONED UNTIL SEPTEMBER 10, 2019.
On June 25, 2019 item was postponed until August 13, 2019 by the City Council per the applicant’s
request.
Item was approved on first reading by the City Council on May 28, 2019. Second reading and public
hearing was scheduled for June 25, 2019.
Registered Lobbyist: Oscar Gonzalez, 7901 West 21 Avenue, Hialeah, Florida 33016.
On May 15, 2019 the item was approved by the Planning and Zoning Board with the following
conditions:
The increase on the number of students and staff is not recommended and the CUP for the
existing 23 student school could be granted with the condition that a 2 feet landscape buffer be
provided at the edge of the property line to prevent improper parking encroaching into the
sidewalk and that no less than 2 employees for traffic circulation control be on site at drop-off
and pick-up hours daily.
The parking variance could be approved with the condition that 3,460 square feet of the building
remain utilized by a daycare operation which requires 50% parking spaces less than other
commercial uses, that the substandard spaces at the rear be exclusively used by compact cars and
that a minimum of 5 parking spaces be available at the times that the existing medical clinic is in
operation.
The pervious area variance could be approved with the condition that adequate drainage be
provided through a drainage system, the 2 feet landscape buffer should be approved since there is no
space to provide a wider buffer and the waiver of the landscape requirement could be approved with
the condition that the 8 trees and 80 shrubs be mitigated in accordance to Sec. 98-2233.
Planner’s Recommendation: Approve with no school expansion and with conditions.
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Owners of the Property: Adriki Investments Corp., 80 Marina Avenue, Key Largo, Florida 33037
Ruben Demblans, 80 Marina Avenue, Key Largo, Florida 33037.
PZ 2. Second reading and public hearing of proposed ordinance granting a Special Use Permit
(SUP) to allow a temporary trailer and a shelter for an ATM machine utilized by Regions
Bank while the property is demolished and redeveloped, for a time not exceeding 24
months from the effective date of this ordinance pursuant to Hialeah Code of Ordinances §
98-161, et. al.; property zoned M-3 (Industrial District). Property located at 2899 West
4 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.
Item was approved on first reading by the City Council on June 25, 2019. Second reading and public
hearing was scheduled for August 13, 2019.
Registered Lobbyist: William Rombera, 14125 NW 80 Avenue, Suite 303, Miami Lakes, FL 33016.
On June 12, 2019, the item was approved by the Planning and Zoning Board.
Planner’s Recommendation: Approval.
Owners of the Property: Belsize Park LLC, 20533 Biscayne Blvd, Suite 1305, Aventura, FL 33180.
Achikam Yogev, 20533 Biscayne Blvd, #1305, Aventura, Florida 33160.
PZ 3. First reading of proposed ordinance allowing for the site plan signed and sealed and dated
March 14, 2019 by Alan D. Lerner, registered architect, and granting a variance permit to
allow a rear setback of 38 feet, where 45 are required; allow a pervious area of 15.43
percent, where 20 percent is required; allow parking at the front and side of the property,
where all parking is required in the rear; and allow seven occupational licenses, where no
more than two occupational licenses are allowed; all contra to Hialeah Code of
Ordinances §§ 98-781(2), 98-781(5), 98-782 and 98-778(2). Property located at 135
West 49 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.
Registered Lobbyist: Brian S. Adler, Bilzin, Sumberg, 1450 Brickell Avenue, Suite 2300, Miami, FL.
Item was postponed by the City Council on May 14, 2019, May 28, 2019, June 11, 2019, and June 25,
2019.
8/9/2019 5:24 PM
On April 24, 2019 the item was approved by the Planning and Zoning Board with the following
conditions:
1. The maximum number of business tax receipts for the facility is limited to seven. Notwithstanding the seven issued
business tax receipts, no more than three of the seven doctors shall be located at the facility at any given time.
2. Should property be converted to a use other than an endoscopy/gastrointestinal center, the maximum number of
business tax receipts shall revert to a maximum of two unless otherwise approved by the City of Hialeah City
Commission or otherwise permitted under the City of Hialeah Code.
3. The facility shall provide a valet parking or a parking attendant at a minimum during workdays between the hours of
7:00 a.m. to 12:00 p.m.
4. The facility shall encourage employees to utilize public transportation, drop-off or carpooling.
5. The facility shall maintain and/or provide patients with the name of transportation and or pickup services utilized at the
property to encourage patients to use the transportation facilities rather than driving separately to the facility.
Planner’s Recommendation: Approve rear setback, pervious area and parking location variances and
allow a maximum of four occupational licenses.
Owners of the Property: Torres Hialeah Investment, LLC., 4791 West 4th Avenue, Hialeah, Florida
33012.
PZ 4. First reading of proposed ordinance granting a variance permit to allow a rear setback of
11.3 feet, where 20 feet are required; allow an interior east side setback of 6.6 feet and an
interior west side setback of 5 feet, where 10 feet are required respectively, and allow a
side setback of 1.7 feet, where 10 feet are required for an existing carport and allow lot
coverage of 34 percent, where a maximum of 30 percent is allowed; all contra to Hialeah
Code of Ordinances §§ 98-590, 98-591, and 98-2056(b)(2); Property located at 75
West 14 Street, Hialeah, Florida. Property zoned R-3 (Multi-Family District).
Repealing all ordinances in conflict herewith; providing penalties for violation hereof;
providing for a severability clause; and providing for an effective date.
Registered Lobbyist: Francisco De La Paz, 3920 West 12th Avenue, Hialeah, Florida 33012.
On June 26, 2019, the item was approved by the Planning and Zoning Board with the following
condition, that the addition is legalized within 180 days. The applicant should be aware that the
building permit plans for such legalization shall also include the demolition of concrete pavement to
provide the required 30% pervious area and the legalization of the existing shed located between the
buildings.
Planner’s Recommendation: Approval with conditions
Owners of the Property: Maritza I. Galvan, 75 West 14th Street, Hialeah, Florida 33010.
PZ 5. First reading of proposed ordinance granting a variance permit to allow 13 off-street
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parking spaces, where 17 parking spaces are required; allow a side setback of 2 feet 4
inches, where 2 feet 7 inches is the minimum required; and allow a waiver of the
minimum landscape requirements to allow 7.16% pervious area, where 10% is the
minimum required and allow 4 trees and 100 shrubs provided that 18 trees and 120
shrubs are mitigated to protect and maintain tree canopy and landscape cover of the city
pursuant to Hialeah Code of Ordinances § 98-2233. Property zoned M-1 (Industrial
District) all contra to Hialeah Code of Ordinances §§ 98-2189(22) and § 98-1372; and
the latest edition of the Hialeah Landscape Manual dated July 9, 2015, Paragraph (E)
Table A Tree and Lawn Requirements by zoning classification and Paragraph (G)
Landscape Legend Information…Shrubs. Property located at 340 West 78 Road,
Hialeah, Florida. Repealing all ordinances in conflict herewith; providing penalties for
violation hereof; providing for a severability clause; and providing for an effective
date.
Registered Lobbyist: Anthony Escarra Esq., 16400 NW 59th Avenue, Miami Lakes, Florida33014
On June 26, 2019, the item was approved by the Planning and Zoning Board.
Planner’s Recommendation: Approval.
Owners of the Property: Amelia Storage, LLC., 340 West 78th Road, Hialeah, Florida 33014.
FINAL DECISION
FD 1. Recommendation of denial by the Planning and Zoning Board to allow side street setback
of 1.5 feet, where 15 feet are required, for an existing aluminum accessory building
attached to the main house; allow interior side setback of 3.5 feet, where 7.5 feet are
required for an existing utility shed and allow 2.8 feet interior side setback for an existing
screened porch, where 7.5 feet are required at Property located at 4041 West 6th Court,
Hialeah, Florida.
On June 12, 2019, the item was denied by the Planning and Zoning Board.
Planner’s Recommendation: Denial.
Owners of the Property: Victor Delgado, 4041 West 6th Court, Hialeah, Florida 33012.
FD 2. Recommendation of denial by the Planning and Zoning Board to allow 3.11 interior side
setback, for an addition to the main house, where 5.9 feet is the minimum required; allow
2.5 feet interior west side setback and 2.5 feet rear setback for a terrace, where 5.9 feet
respectively are the minimum required and allow 4.70 street side setback, where 15 feet
8/9/2019 5:24 PM
is the minimum required. Property located at 590 East 55th Street, Hialeah, Florida.
On June 12, 2019, the item was denied by the Planning and Zoning Board.
Planner’s Recommendation: Denial.
Owners of the Property: Francisco Tabares & Yanet Mora, 590 East 55th Street, Hialeah, Florida
33013.
NEXT CITY COUNCIL MEETING: Tuesday, August 27, 2019 at 7:00 p.m.
NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, August 27, 2019 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 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 two (2) 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).
8/9/2019 5:24 PM
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