City Council

Carlos Hernández Council Members OMB Mayor 0 Katharine Cue-Fuente Jacqueline Garcia-Roves Paul B. Hernández Monica Perez President Jesus Tundidor Oscar De la Rosa Carl Zogby Vice President City Council Meeting Minutes January 14, 2020 7:00 p.m. ____________________________________________________ Call to Order REPORT: Council President Hernandez called the meeting to order at 7:05 p.m. Roll Call REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Members present: o Council President Hernandez o Council Vice-President Oscar De la Rosa o Councilwoman Katharine Cue-Fuente o Councilwoman Jacqueline Garcia-Roves o Councilwoman Monica Perez o Councilman JesusTundidor o Councilman Carl Zogby REPORT: Also present were: 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 Council Vice President De la Rosa REPORT: Council Vice President De la Rosa led the Pledge of Allegiance. 1/16/2020 4:22 PM  MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes. REPORT: The meeting guidelines were read into the record by Marbelys Fatjo, City Clerk, in English and by Brigette Leal, Office Coordinator, Office of the City Clerk, in Spanish. 1. PRESENTATIONS REPORT: None. 2. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  Consent Item J has been added to today’s agenda and has been placed on the dais for the City Council’s review.  Item PZ 1 has been postponed until January 28, 2020 per the applicant’s request.  Additional backup to PZ 2 has been added to today’s agenda and placed on the dais for the City Council’s review. 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 1/16/2020 4:22 PM  Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. REPORT: Motion to Approve the Consent Agenda made by Councilwoman Cue-Fuente, and seconded by Councilman Tundidor. Motion passed 7-0. A. Request permission to approve the minutes of the Council Meeting held on December 10, 2019. (OFFICE OF THE CITY CLERK) APPROVED 7-0 B. Report of Scrivener’s Error – Item B of the City Council Meeting of December 10, 2019, Resolution No. 2019-150, was passed and adopted with an error on the account number provided on the agenda letter addressed to the Mayor from the Risk Manager. The item was approved with account number 520.8500.519234. The item is being amended to reflect the correct account number to track the stop loss insurance as 520.8500.519233. (RISK MANAGEMENT DEPT.) APPROVED 7-0 C. Request from Saint Benedict Catholic Church, located at 701 West 77th Street, Hialeah, Florida, for a permit to host a carnival on church grounds, from Thursday, February 20, 2020 through Sunday, February 23, 2020, subject to recommendations from the Police Department and Fire Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 D. Request permission to utilize National Joint Power Alliance (NJPA) Contract No. 120716- NAF effective through January 17, 2021, and issue a purchase order to Alan Jay Automotive Management, Inc., for the purchase of five (5) 2020 Chevy Express Passenger - 3500 1LS 155” WB twelve (12) passenger base vans (CG33706 1LS), in a total amount of $27,524 per vehicle, for a total cumulative expense amount not to exceed $137,620. (DEPT. OF PARKS AND RECREATION) APPROVED 7-0 E. Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor is the only FCIC/NCIC certified vendor known to the Hialeah Police Department and the FCIC/NCIC certification grants this vendor unsupervised access to police secured sites, and issue a purchase order to G. & R. Electric Corp., to continue the repairs and maintenance of the police department’s CCTV, burglar alarms and electronic access control that were commenced in the previous fiscal year, in a total cumulative amount not to exceed $75,000. (POLICE DEPT.) APPROVED 7-0 F. Request permission to issue a purchase order to Florida Bullet Incorporated, sole source distributor of Speer brand law enforcement ammunition and Federal Cartridge products in the State of Florida, to purchase ammunition, in a total cumulative amount not to exceed $50,000. (POLICE DEPT.) APPROVED 7-0 1/16/2020 4:22 PM  G. Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor has agreed to maintain the same pricing as the last fiscal year for fiscal year 2019-2020, and issue a purchase order t o Terra Scape Pest Control Inc, for pest control services to the homes of our police canine officers, our canine facility and police stations one through five, in a total cumulative amount not to exceed $41,250. (POLICE DEPT.) APPROVED 7-0 H. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to SRT Supply, LLC, vendor providing the lowest quotation, to purchase eleven (11) night vision goggles (L3 Warrior Systems) and advanced target pointer illuminator aiming laser to be used by the Hialeah Police Department’s SWAT Team, in a total cumulative amount not to exceed $134,530. (POLICE DEPT.) APPROVED 7-0 I. Report of Scrivener’s Error – Ordinance No. 2019-090 of the City Council Meeting of October 22, 2019 was passed and adopted, and Division 5 Benefits, Sec. 70-238, Service retirement allowance (u) should have incorporated the following language: “by submitting a DROP extension form provided by the City within 30 days following the effective date”, and accordingly should be corrected as follows: (u) Notwithstanding any other provision of the retirement plan, firefighter member who entered the DROP on or after February 28, 2016 and prior to [insert effective date of ordinance] shall have the option of extending their DROP participation period by up to two years, for a total maximum DROP participation period of five years. Firefighter members who entered the DROP on or after February 28, 2016, reached the 36 month maximum DROP participation period and separated from City employment, may apply for reemployment, and upon reemployment may reinstate their DROP participation and City employment of up to a maximum of two additional years. Members shall submit a DROP extension form within 30 days of the effective date (November 12, 2019). Such members may be required to repay any benefits received from the retirement plan following separation from employment. The maximum DROP participation period shall be 36 months for firefighter members who enter the DROP on or after [insert effective date of ordinance]. (LAW DEPT.) APPROVED 7-0 J. Request from Santa Barbara Catholic Church, located at 6801 West 30th Avenue, Hialeah, Florida, for a permit to host a carnival on church grounds, on Thursday, January 30, 2020 through Sunday, February 2, 2020, and subject to recommendations from the Police Department and Fire Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 4. ADMINISTRATIVE ITEMS 4A. Second reading and public hearing of proposed ordinance approving a Master Lease- 1/16/2020 4:22 PM  Purchase Agreement between the City of Hialeah, as lessee, and Hewlett Packard Enterprise Financial Services Company, a Delaware Corporation, as lessor, to finance the purchase of computer hardware and equipment approved by Council on October 22, 2019 (Item K Consent Agenda), in the total amount of $180,008.25, including interest payments totaling $8,353.11, at an annual interest rate of 4.95% payable on a yearly basis beginning on the acceptance date, as defined in the Lease-Purchase Agreement, and every anniversary date thereafter for three years, in the yearly amount of $60,002.75; authorizing the Mayor or the Chief Information Officer or the Finance Director, as the Mayor’s designees, and the City Clerk, as attesting witness, on behalf of the City, to execute the Master-Lease Purchase Agreement in substantial conformity with the Lease- Purchase Agreement attached hereto and made a part hereof as “Exhibit 1” and all other necessary documents in furtherance hereof; providing for penalties in violation hereof; providing for a severability clause; repealing all ordinances in conflict herewith; and providing for an effective date. (ADMINISTRATION) APPROVED 7-0 ORDINANCE NO. 2020-001 This item was approved by the City Council on first reading on December 10, 2019. REPORT: Motion to Approve Item 4A made by Councilman Zogby, and seconded by Councilwoman Cue-Fuente. Motion passed 7-0. 4B. Second reading and public hearing of proposed ordinance authorizing the acquisition, purchase, financing and leasing of certain equipment as described herein; approving a Schedule of Property No. 2 to the Master Equipment Lease/Purchase Agreement with Banc of America Public Capital Corp, as lessor, and the City, as lessee, for the lease purchase, financing of the equipment; authorizing certain other documents required in connection therewith; authorizing all other actions necessary to the consummation of the transactions contemplated by this ordinance; authorizing the Mayor and City Clerk, as attesting witness, to execute the Schedule of Property No. 2 and all other necessary documents on behalf of the City; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; and providing for an effective date. (FIRE DEPT.) APPROVED 7-0 ORDINANCE NO. 2020-002 This item was approved by the City Council on first reading on December 10, 2019. REPORT: Motion to Approve Item 4B made by Councilman Zogby, and seconded by Councilwoman Cue-Fuente. Motion passed 7-0. 5. BOARD APPOINTMENTS 5A. Proposed resolution appointing Clayton Warren Angus to the Personnel Board of the City of Hialeah, as the IAFF/FOP appointment, for a two (2)-year term ending on January 14, 2022. 1/16/2020 4:22 PM  (IAFF LOCAL 1102/FOP LODGE #12) APPROVED 7-0 RESOLUION NO. 2020-001 REPORT: Motion to Approve Item 5A made by Councilman Zogby, and seconded by Councilwoman Garcia-Roves. Motion passed 7-0. 5B. Proposed resolution appointing Michael Horgan as a member of the Planning and Zoning Board for the remainder of a two (2)-year term ending on June 28, 2020. (COUNCILWOMAN PEREZ) APPROVED 7-0 RESOLUION NO. 2020-002 REPORT: Motion to Approve Item 5B made by Councilwoman Perez, and seconded by Councilman Tundidor. Motion passed 7-0. 5C. Proposed resolution re-appointing Jonathan Martinez to the Board of Trustees of the Employees Retirement System as the Management appointment, for a two (2)-year term ending on December 31, 2021. (MANAGEMENT) APPROVED 7-0 RESOLUION NO. 2020-003 REPORT: Motion to Approve Item 5C made by Councilman Zogby, and seconded by Councilwoman Cue-Fuente. Motion passed 7-0. 5D. Proposed resolution appointing Elizabeth Garcia to the Cultural Affairs Council of the City of Hialeah for a (2)-year term ending on January 14, 2022. (COUNCILWOMAN GARCIA-ROVES) APPROVED 7-0 RESOLUION NO. 2020-004 REPORT: Motion to Approve Item 5D made by Councilman Zogby, and seconded by Councilwoman Garcia-Roves. Motion passed 7-0. 5E. Proposed resolution reaffirming the appointment of Ingrid Camino-Hernandez as a member of the Defined Contribution Plan Committee, as the American Federation of State, County and Municipal Employees’ (“AFSCME”) appointment. (AFSCME) APPROVED 7-0 RESOLUION NO. 2020-005 REPORT: Motion to Approve Item 5E made by Councilman Zogby, and seconded by Councilwoman Cue-Fuente. Motion passed 7-0. 5F. Proposed resolution reaffirming the appointment of Ricardo Fernandez as a member of the Defined Contribution Plan Committee, as the Fraternal of Police Lodge No. 12 (“FOP”) appointment. (FOP) APPROVED 7-0 1/16/2020 4:22 PM  RESOLUION NO. 2020-006 REPORT: Motion to Approve Item 5F made by Councilman Zogby, and seconded by Councilwoman Cue-Fuente. Motion passed 7-0. 5G. Proposed resolution reaffirming the appointment of Robert Lloyd-Still as a member of the Defined Contribution Plan Committee, as the Mayor’s appointment. (MAYOR HERNANDEZ) APPROVED 7-0 RESOLUION NO. 2020-007 REPORT: Motion to Approve Item 5G made by Councilman Zogby, and seconded by Councilwoman Cue-Fuente. Motion passed 7-0. 5H. Proposed resolution reaffirming the appointment of Ines Beecher as a member of the Defined Contribution Plan Committee, as the Mayor’s appointment. (MAYOR HERNANDEZ) APPROVED 7-0 RESOLUION NO. 2020-008 REPORT: Motion to Approve Item 5H made by Councilman Zogby, and seconded by Councilwoman Cue-Fuente. Motion passed 7-0. 5I. Proposed resolution appointing Eric Johnson as a member of the Defined Contribution Plan Committee, as the International Association of Firefighters (“IAFF”) appointment. (IAFF) APPROVED 7-0 RESOLUION NO. 2020-009 REPORT: Motion to Approve Item 5H made by Councilman Tundidor, and seconded by Councilman Zogby. Motion passed 7-0. 6. UNFINISHED BUSINESS REPORT: None. 7. NEW BUSINESS  Mayor Hernandez provided a status regarding the completion of the construction of the 82 Unit building located on West 4th and 23rd Street.  Councilman Tundidor spoke regarding the ratification of the Fire Union Contract not being on the City Council agenda. 1/16/2020 4:22 PM 8. CITY COUNCIL’S NEW BUSINESS  Council Vice President De la Rosa spoke on the following:  Live Streaming City Council Meetings  Budget Workshop(s)  Traffic issues in the annexation area  Business license issue  Jose Sanchez, Streets Director, addressed the City Council.  Councilwoman Perez spoke on the following:  Live streaming Council Meetings  Bulk waste pickup  Opening of the bridge located on 154th Street  Councilman Tundidor spoke on the following:  Active contracts in which the City is a party to being available on the City website  Article that was published by the Miami Herald  Progressive Waste Solution Contract  Federal and State funding for the City  Armando Vidal, Public Works Director, addressed the City Council.  Ricardo Suarez, Chief Information Officer, addressed the City Council.  Council President Hernandez spoke on the following:  Live Streaming of City Council meetings  Wi-Fi for public use in City Hall  The role of a Council Member  Readjusting the order of the City Council Agenda to provide for Comments and Questions as the first order of business  System of committee comprised of the elected officials  30 for 30 tree replacement program  Contracts for bus benches and shelters  Mayor Hernandez spoke on the following:  Fire rescue service trailer to be located at Veterans Park 1/16/2020 4:22 PM   REPORT: Motion to direct the Law Department to draft a resolution for the creation of a committee comprised of elected officials to maintain council members informed regarding City matters made by Council President Hernandez, and seconded by Council Vice President De la Rosa. Motion carries 7-0.  REPORT: Motion to rearrange the existing order of business of the City Council agendas so that Comments and Questions is repositioned to the first order of business made by Council President Hernandez, and seconded by Councilwoman Perez. Motion carries 7-0.  REPORT: Motion to direct the Law Department to draft a resolution for the creation of a 30 for 30-tree replacement program made by Council President Hernandez, and seconded by Councilman Tundidor. Motion carries 7-0.  REPORT: Motion to direct the Law Department to revisit contracts for bus benches and bus shelters made by Council President Hernandez, and seconded by Councilman Tundidor. Motion carries 7-0. 9. COMMENTS AND QUESTIONS  Eduardo Lavin, 8822 West 34th Court, addressed the City Council regarding existing police presence in his community, and spoke regarding traffic signals in the area.  Jose Azze, 788 SE Park Drive, addressed the City Council regarding the possibility of live streaming all board meetings, as well as regarding the Parks and Recreation portion of a Miami Herald article.  Jessica Castro, 95 West 12 Street, addressed the City Council regarding tolls and City Council Agenda.  Eric Johnson, Hialeah firefighter, address exempt per Florida law, addressed the City Council regarding negotiations between the City and the union.  Steven Lyon, Hialeah Fire Fighter, addressed the City Council regarding negotiations between the City and the union.  Frank De la Paz, 3920 West 12th Avenue, addressed the City Council regarding Consent Item J, dais name plates, and repositioning the comments and section of the City Council agenda to the beginning of the Council Meeting. REPORT: Council President Hernandez called a recess at 9:35 p.m. REPORT: Councilwoman Cue-Fuente left the meeting at 9:35 p.m. REPORT: The meeting was called to order by Council President Hernandez at 9:49 p.m. 1/16/2020 4:22 PM  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. REPORT: All present were duly sworn in. Attention Applicants: 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 the expansion of an existing 55 student, K-8 school to a 100 student K-12; variance permit to allow 33 95 parking spaces, where 327 are required and allow 9 of those 33 existing parking spaces to back out into the street. Property located at 5800 Palm 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. POSTPONED UNTIL JANUARY 28, 2020. Item was postponed on December 10, 2019 until January 14, 2020 per the applicant’s request. Item was postponed on November 26, 2019 until December 10, 2019 per the applicant’s request. Item was postponed on November 12, 2019 until November 26, 2019 per the applicant’s request. On October 22, 2019 the City Council postponed the item until November 12, 2019. Item was approved on first reading by the City Council on October 8, 2019. On September 25, 2019, the Planning and Zoning Board approved the item with conditions. Planner’s Recommendation: Approval with the condition that the school remains with 60 students and 6 staff members until the proposed parking lot is completed. A Declaration of Restrictive Covenants should describe the operational plan, number of students and staff before and after the completion of the parking lot, number of high school students that will be allowed to park on premises, control method to avoid that other high school students park on the swale areas, pick-up and drop-off times and number of parking control employees to manage that process. 1/16/2020 4:22 PM  Owner of the Property: Daniel Ramos, 5855 West 2 Avenue, Hialeah, Florida 33012 Larry Weeks, 740 SW 61 Avenue, Plantation, Florida 33317 Maria, Elizabeth Vitale, 155 East 61 Street, Hialeah, Florida 33013 PZ 2. Second reading and public hearing 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. APPROVED 6-0-1 with Councilwoman Cue-Fuente absent. ORDINANCE NO. 2020-003 Item was approved on first reading by the City Council on December 10, 2019. Item was postponed on November 26, 2019 until December 10, 2019 per the applicant’s request. Registered Lobbyist: Ceasar Mestre, 8105 NW 155 Street, Miami Lakes, FL. Item was postponed on October 8, 2019 until November 26, 2019 per the applicants request. Item was postponed on September 10, 2019 until September 24, 2019, per applicant’s request. Item was postponed on August 27, 2019 per the applicant’s request. 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, June 25, 2019 and August 13, 2019. 1/16/2020 4:22 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. REPORT: Brian S. Adler, Bilzin, Sumberg, 1450 Brickell Avenue, Suite 2300, addressed the City Council. REPORT: Ceasar Mestre, 8105 NW 155 Street, Miami Lakes, addressed the City Council. REPORT: Dr. Orlando Torres, 4791 West 4th Avenue, addressed the City Council. REPORT: Motion to Approve Item PZ 2 made by Council Vice President De la Rosa, and seconded by Councilwoman Garcia-Roves. Motion passed 6-0-1 with Councilwoman Cue- Fuente absent. PZ 3. First reading of proposed ordinance granting a Conditional Use Permit pursuant to Hialeah Code of Ordinances § 98-181 to allow the expansion of an existing non-conforming church including a patronage building; and granting a variance permit to allow a 25 foot front setback for the patronage building, where 5 feet are required; allow for 3 back out parking spaces on the front setback, where parking in the front setback and back out parking is not allowed; allow a 14 foot front setback for the church, where 10 feet are required; allow 0 feet interior side setback, where 5 feet are required; allow 9 parking spaces, where 77 parking spaces are required; and allow 8.5% pervious area, where 30% pervious area is required. All contra to §§ 98-881(1)a., 98-881(1)a.2., 98-2186, 98-641(a) and (b), and 98-2189(17) and contra to the latest edition of the City of Hialeah Landscape Manual dated July 9, 2015, Paragraph (e), Table A. Property located at 16-26 East 7 Street, Hialeah, Florida. Property zoned R-3-D (Multifamily District) and CR (Commercial Residential). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-1-1 with Councilwoman Perez voting “No” and Councilwoman Cue- 1/16/2020 4:22 PM  Fuente absent. On December 11, 2019, the item was approved by the Planning and Zoning Board. Planner’s Recommendation: Approval. Owner of the Property: Israel Suarez, 702 East 30 Street, Hialeah, Florida. Isis D. Suarez, 650 East 62 Street, Hialeah, Florida. REPORT: Osuel Suarez, 6508 Mayor Street, Hollywood, FL, addressed the City Council. REPORT: Motion to Approve Item PZ 3 made by Councilman Zogby, and seconded by Councilman Tundidor. Motion passed 5-1-1 with Councilwoman Perez voting “No” and Councilwoman Cue-Fuente absent. Second reading and public hearing is scheduled for January 28, 2020. PZ 4. First reading of proposed ordinance rezoning R-1 (One-Family District) to R-2 (One-and Two-Family Residential District) to allow the construction of a duplex on a substandard lot; and granting a variance permit to allow a frontage of 60 feet, where 75 feet is the minimum required; and allow a 2.10 foot interior west side setback for an existing 104 square foot accessory building, where 6 feet is required; contra to Hialeah Code of Ordinances §§ 98-544 and 98-546. Property located at 851 East 14 Place, Hialeah, Florida, zoned R-1 (One-Family 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. APPROVED 6-0-1 with Councilwoman Cue-Fuente absent. On December 11, 2019, the item was approved by the Planning and Zoning Board. Planner’s Recommendation: Approval. Owner of the Property: Marta Salazar, 851 East 14th Place, Hialeah, Florida 33010. REPORT: Marta Salazar, 851 East 14th Place, addressed the City Council. REPORT: Motion to pprove Item PZ 4 made by Council Vice President De la Rosa, and seconded by Councilman Zogby. Motion passed 6-0-1 with Councilwoman Cue-Fuente absent. Second reading and public hearing is scheduled for January 28, 2020. PZ 5. First reading of proposed ordinance rezoning property from M-1 (Industrial District) to M-3 (Industrial District); and granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the operation of a metal recycling facility; and granting a variance permit to allow a 264 square foot building, where a 1,000 square foot area is the minimum required; allow a pervious area of 6.9%, where 10% is required; allow a waiver of the minimum landscape requirements of 8 trees and 80 shrubs, provided that the landscaping requirements are mitigated pursuant to Hialeah Code of Ordinances § 98-2233; all contra to Hialeah Code of Ordinances § 98-1373 and the latest 1/16/2020 4:22 PM  edition of the Hialeah Landscape Manual dated July 9, 2015 Paragraph (e), Table A and Paragraphs (d)(1) and (8); property located at 4938 East 11 Avenue and 4951 East 10 Lane, Hialeah, Florida. Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Councilwoman Cue-Fuente absent. Registered Lobbyist: Ceasar Mestre, 8105 NW 155 Street, Miami Lakes, Florida. On December 11, 2019, the item was approved by the Planning and Zoning Board with the condition that the proposed improvements and proposed business operations are memorialized in a recorded document and built prior to the start of the operations to avoid further deterioration of the area’s conditions. Planner’s Recommendation: Approve with conditions. Owner of the Property: Amira Andreina Bajanchi Rodriguez, 12265 Vaquero Trails Drive, Davie, Florida 33325. REPORT: Ceasar Mestre, 8105 NW 155 Street, Miami Lakes, addressed the City Council and provided additional backup to the item. REPORT: Motion to Approve Item PZ 5 made by Council Vice President De la Rosa, and seconded by Councilwoman Perez. Motion passed 6-0-1 with Councilwoman Cue-Fuente absent. Second reading and public hearing is scheduled for January 28, 2020. LAND USE LU 1. Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Low Density Residential to High Density Residential. Property located at 381 East 50 Street, Hialeah, Florida, zoned R-1 (One-Family 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. APPROVED 5-1-1 with Councilwoman Perez voting “No” and Councilwoman Cue- Fuente absent. ORDINANCE NO. 2020-004 Item was postponed on December 10, 2019 until January 14, 2020 by the City Council. Item was approved on first reading by the City Council on November 26, 2019. Registered Lobbyist: L. Michael Osman, 1474 A-West 84 Street, Hialeah, Florida 33014. 1/16/2020 4:22 PM  On November 12, 2019, the item was approved by the Planning and Zoning Board. Planner’s Recommendation: Approval. Owner of the Property: Bienvenida Perez, 8144 NW 163 Terrace, Miami Lakes, Florida 33016. Jorge A. Perez, 8144 NW 163 Terrace, Miami Lakes, Florida 33016. REPORT: Motion to Approve Item LU 1 made by Councilman Zogby, and seconded by Council Vice President De la Rosa. Motion passed 5-1-1 with Councilwoman Perez voting “No” and Councilwoman Cue-Fuente absent. LU 2. First reading of proposed ordinance amending the Future Land Use Map from Residential Office to Medium Density Residential. Property located at 840 and 860 SE 8 Avenue, Hialeah, Florida, zoned R-1 (One Family 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. NO ACTION Item was postponed on December 10, 2019 until January 14, 2020 per the applicant’s request. On November 26, 2019 the recommendation of denial from the Planning and Zoning Board was overridden by the City Council. On November 12, 2019, the item was denied by the Planning and Zoning Board. Planner’s Recommendation: Approval. Owner of the Property: Mitchell Sabina (New Spot, LLC) 7767 NW 146 Street, Miami Lakes, Florida 33016. Michael Osman (Oakswood on Main, LLC) 147- A West 84 Street, Hialeah, Florida 33014 . REPORT: Michael Osman, 1474-A West 84th Street, addressed the City Council. REPORT: Motion to Approve Item LU 2 made by Councilman Zogby, and seconded by Councilwoman Garcia-Roves. Motion fails 3-3-1 with Council Vice President De la Rosa, Councilwoman Perez, and Councilman Tundidor voting “No” and Councilwoman Cue- Fuente absent. REPORT: Motion to Table Item LU 2 until January 28, 2020 made by Councilman Zogby, and seconded by Councilwoman Garcia-Roves. Motion fails 3-3-1 with Council Vice President De la Rosa, Councilwoman Perez, and Councilman Tundidor voting “No” and Councilwoman Cue-Fuente absent. REPORT: Motion to Adjourn the Meeting made by Council Vice President De la Rosa, 1/16/2020 4:22 PM and seconded by Councilman Tundidor. Motion carries 6-0-1 with Councilwoman Cue- Fuente absent. REPORT: Meeting was adjourn by Council President Hernandez at 11:17 p.m. NEXT CITY COUNCIL MEETING: Tuesday, January 28, 2020 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, February 11, 2020 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). 1/16/2020 4:22 PM