City Council

Carlos Hernández Council Members Mayor Katharine Cue-Fuente OMB 0 Jacqueline Garcia-Roves Paul B. Hernández Monica Perez President Jesus Tundidor Oscar De la Rosa Carl Zogby Vice President Special Meeting of the City Council (VIRTUAL) Minutes September 8, 2020 7:00 p.m. ____________________________________________________ 1. CALL TO ORDER A. REPORT: Council President Hernandez called the meeting to order at 7:05 p.m. 2. ROLL CALL A. REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Members present: 1. Council President Hernandez 2. Council Vice President De la Rosa (joined the meeting at approximately 7:13 p.m.) 3. Councilwoman Katharine Cue-Fuente 4. Councilwoman Jacqueline Garcia-Roves 5. Councilwoman Monica Perez 6. Councilman Jesus Tundidor 7. Councilman Carl Zogby B. REPORT: Also present were Mayor Carlos Hernandez and Lorena Bravo, City Attorney. 3. INVOCATION A. REPORT: Marbelys Fatjo, City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE A. Council Member Garcia-Roves led the Pledge of Allegiance. 9/11/2020 4:26 PM  5. MEETING GUIDELINES The following guidelines, which apply to today’s City’s Council Meeting, have been set by Mayor Carlos Hernandez through the execution of an Order on Emergency Public Meeting Guidelines and Procedures Using Communications Media Technology In Response To COVID-19:  Pursuant to emergency management powers as set forth in F.S. §§252.31- 252.90, Governor Ron DeSantis issued Executive Order 20-69 on March 20, 2020, suspending the “Florida’s Government in Sunshine Laws” requirement that a quorum of the legislative body holding a public meeting be met in-person and the meeting be held at a physical location accessible to the public for the duration of the State’s Declaration of Emergency issued on March 9, 2020 as a result of the COVID-19 pandemic affecting the State of Florida. Executive Order 20-69 allows local governments to use communications media technology to hold public meetings during the public health emergency as a result of COVID- 19, in order to protect the health, welfare and safety of the public, including public officials, from being exposed to COVID-19 and meet the requirements of the Sunshine Law.  The following Procedures for Virtual Public Meetings of the City Council using Communications Media Technology in Response to COVID-19 have been adopted as minimum procedures for all emergency public meetings of the City Council, boards and committees of the City of Hialeah effective the execution of Order on Emergency Public Meeting Guidelines and Procedures using Communications Media Technology in Response to COVID19, signed by Mayor Carlos Hernandez on April 8, 2020.  The virtual public meeting shall be broadcast live for members of the public to view on the City’s Facebook page. A Facebook account is not required in order to view this virtual public meeting. In addition, members of the public may hear the meeting live through telephonic conferencing. You can join the meeting via telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  Any person interested in making comments or posing questions on matters of public concern or on any item on the agenda may do so prior to the meeting taking place by email to virtualmeeting@hialeahfl.gov by 3:00 p.m. the business day prior to the meeting or no later than six (6) hours prior to the meeting if only 24-hours’ notice prior to the meeting is provided by the City. The deadline for this meeting has been extended to noon on Monday, September 8, 2020. Email comments and questions shall not exceed three (3) minutes when read. Only the first three minutes of e-mail comments and questions received by the deadline will be read into and form part of the public record.  Any person interested in making comments or posing questions on matters 9/11/2020 4:26 PM  of public concern or on any item on the agenda may do so during the meeting by joining the meeting using Zoom or any other similar web-based meeting platform being used as identified in the notice. The person interested in joining the meeting to participate for this purpose must register with the City Clerk by completing a registration form, providing the information required and submitting the completed form to the City Clerk no later than 3:00 p.m. the business day prior to the meeting or no later than six (6) hours prior to the meeting if only 24-hours’ notice prior to the meeting is provided by the City. All registered participants will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard.  Participants are reminded to maintain decorum in their comments and appearance throughout their participation as the whole meeting will be recorded and published on the City’s Facebook page and retained pursuant to the Florida Public Records Law.  All existing laws or rules of procedure applicable to public meetings (i.e. three minute limit on speaking, three in favor and three in opposition on any item on the agenda, lobbyist registration requirements), that are not in conflict with these procedures and can be observed under the circumstances remain in effect and to the greatest extent practicable should be observed.  Public comments and questions, whether on general matters of public concern or on a matter on the agenda, will be heard at the beginning of the meeting and once heard no other public participation will be permitted.  Persons making public comments must identify themselves by first and last name and provide their address for the record, prior to speaking.  If during the course of the meeting, technical problems develop with the communications network that prevent interested persons from attending, the meeting shall be adjourned until the problems have been corrected. REPORT: The meeting guidelines were read into the record by Marbelys Fatjo, City Clerk. 6. COMMENTS AND QUESTIONS A. REPORT: The Office of the City Clerk received one e-mail messages from a person interested in making comments or posing questions on matters of public concern. (1) Jose V. Ambas, with a home address of 811 West 51 Place, Hialeah, Florida, sent an email on September 8, 2020 at 11:37 a.m., which was read into the record. 9/11/2020 4:26 PM B. REPORT: Three individuals interested in making comments or posing questions on matters of public concern registered with the Office of the City Clerk to participate live during the meeting using Zoom: (1) Beatriz Viada, with a home address of 7095 West 10 Avenue, Hialeah, Florida 33014, spoke regarding the City’s Fire Cadet Program. (2) Jose Azze, with a home address of 788 SE Park Place, spoke regarding the Hialeah Police Department, and offered words of encouragement for the difficult year. (3) Alejandro Viada, with a home address of 7095 West 10 Avenue, Hialeah, Florida 33014.  Mr. Viada registered to speak during this portion of the meeting, but did not speak. During her allocated time to speak, Ms. Beatriz Viada (speaker 1) expressed that Mr. Viada would no longer be speaking. C. REPORT: Council President Hernandez asked anyone watching or listening to the meeting who would like to speak, to use the raising of the hand feature on Zoom. One member of the public expressed interest in participating. (1) Eric Johnson, Local 1102, home address exempt pursuant to Florida law, did not respond when called upon. 7. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  Item E has been corrected to reflect that VCS Tech Systems, LLC, is the vendor who provided the lowest quotation to the City.  Consent Items H, I, J, K, L, M, N and O have been added to the agenda.  Administrative Item 9B has been added to the agenda.  Items PZ 6, PZ 7 and PZ 8 are postponed until September 22, 2020, per the applicant’s request. 8. CONSENT AGENDA All items listed with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. REPORT: Council Member Tundidor requested separate discussion on Consent Item B. 9/11/2020 4:26 PM  REPORT: Council President Hernandez a n d C o u n c i l w o m a n P e r e z requested separate discussion on Consent Item E. REPORT: Motion to Approve the Consent Agenda, except Items B and E, made by Council Member Tundidor, and seconded by Council Member Zogby. Motion passes 7-0. A. Request permission to approve the minutes of the Virtual Special Meeting of the City Council held on August 25, 2020. (OFFICE OF THE CITY CLERK) APPROVED 7-0 B. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2020-656, issued to AAtlantic Locksmith Corp., for the payment of outstanding invoices for services rendered to affordable housing properties, as well as to pay for necessary emergency services that may arise before the end of this fiscal year, by an additional amount of $10,000, for a new total cumulative amount not to exceed $25,000. (CONSTRUCTION & MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member Cue-Fuente not present during roll call. REPORT: Vicente Rodriguez, Director of the Construction and Maintenance Department, City of Hialeah, 900 East 56 Street, spoke on this item. REPORT: Motion to Approve Consent Item B made by Council Member Tundidor, and seconded by Council Member Garcia-Roves. Motion passes 6-0-1 with Council Member Cue-Fuente not present during roll call. Council Member Cue-Fuente recorded her vote as “Yes” after the item was approved. C. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2020-2121, issued to Synoptek LLC, for Phase 2 of the development, maintenance and support of an Online License Renewal and Payment System for the Licensing Division, by an additional amount of $2,100, for a new total cumulative amount not to exceed $16,500. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 D. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to Synoptek LLC, for the development, maintenance and support of minor changes that need to be made to the Building Department program, in a total cumulative amount not to exceed $2,999. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 E. Request permission to waive competitive bidding, since it is advantageous to the City in that the Hialeah Police headquarter building was struck by lightning and as a result, the lightning burned out the communication port on the majority of the controllers to the Keri Keycard, and issue a purchase order to VCS Tech Systems, LLC, vendor providing the lowest quotation, for necessary repairs to the Keri Keycard in the Hialeah Police Department - Headquarters Building, in a total cumulative amount not to exceed $87,594. (POLICE DEPARTMENT) APPROVED 7-0 9/11/2020 4:26 PM  REPORT: Sergio Velazquez, Chief of Police, Hialeah Police Department, spoke on this item. REPORT: Ricardo Suarez, Chief Information Officer, City of Hialeah, 501 Palm Avenue, spoke on this item. REPORT: Mayor Hernandez spoke on this item. REPORT: Robert Lloyd-Still, Risk Manager, City of Hialeah, spoke on this item. REPORT: Motion to Approve Consent Item E made by Council Member Cue-Fuente, and seconded by Council Member Garcia-Roves. Motion passes 7-0. F. Request permission to increase Purchase Order No. 2020-342, issued to Cano Occupational Medicine LLC, doing business as Health Care Center of Miami, whose primary physician is Ben Droblas, to provide pre-employment examinations for new hires, by an additional amount of $5,000, for a new total cumulative amount not to exceed $30,000. (HUMAN RESOURCES DEPARTMENT) APPROVED 7-0 G. Report of Scrivener’s Error – Item U of the City Council Meeting of August 11, 2020 was approved by the City Council with an error on the account number provided on the agenda letter addressed to the Mayor from the Information Technology Department. The item was approved with funding for the expenditure to be expended from account number 106.1500.521.640. The item is being amended to reflect the correct account number as follow: 124.1500.521.640. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 H. Request permission to award Hialeah Invitation to Bid No. 2019/20-3230-00-017 – Goodlet Adult Center Renovation - Interior Lighting LED, to G. & R. Electric Corp., lowest responsive and responsible bidder, in the amount of $45,000, and further request a ten percent (10%) contingency allowance to cover any unforeseen issues that may arise during the project in the amount of $4,500, for a total cumulative amount not to exceed $49,500. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) (DEPARTMENT OF GRANTS AND HUMAN SERVICES) APPROVED 7-0 I. Request permission to award Hialeah Invitation to Bid No. 2019/20-3230-00-020 – Fire Station No. 7 Bathroom Renovations - Selective Demolition, Framing, Drywall and Porcelain Tile, to D’Elite Floors of Miami, Inc., lowest responsive and responsible bidder, in the amount of $97,997, and further request a ten percent (10%) contingency allowance to cover any unforeseen issues that may arise during the project in the amount of $9,800, for a total cumulative amount not to exceed $107,797. (CONSTRUCTIONAND MAINTENANCE DEPARTMENT) (DEPARTMENT OF GRANTS AND HUMAN SERVICES) APPROVED 7-0 J. Request permission to reject Hialeah Invitation to Bid No. 2019/20-3230-00-021 – Fire Station No. 7 Bathroom Renovations- Plumbing and Plumbing Fixtures, because no bids 9/11/2020 4:26 PM  were submitted to the City, and further request permission to allow the Construction and Maintenance Department to waive competitive bidding and obtain written quotations for this phase of the project. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) (DEPARTMENT OF GRANTS AND HUMAN SERVICES) APPROVED 7-0 K. Request permission to issue a purchase order to Acousti Engineering Company of Florida, vendor providing the lowest quotation, for acoustical ceilings as part of the renovation of the Goodlet Adult Center, in the amount of $57,314, and further request a ten percent (10%) contingency allowance in the amount of $5,731, for a total cumulative amount not to exceed $63,045. On August 11, 2020, the City Council rejected Hialeah Invitation to Bid No. 2019/20-3230-00-016 – Goodlet Adult Center Renovation – Acoustical Ceilings and granted the Construction and Maintenance Department permission to obtain quotations for this phase of the project. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) (DEPARTMENT OF GRANTS AND HUMAN SERVICES) APPROVED 7-0 L. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to Wolfberg/Alvarez and Partners, Inc., vendor included in the pool of engineers and architects for consultant services approved by the City Council as recommended by the Selection Committee in response to Request for Qualifications No. 2009/10-9500-00-007 General Consultants for Engineering and Architectural Services (pool which expired in 2018), for engineering services and the design of the Babcock Recreation Center renovation, in the amount of $32,500, and further request a ten percent (10%) contingency allowance in the amount of $10,000, for a total cumulative amount not to exceed $42,500. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 7-0 M. Request permission to issue a purchase order to Sirsi Corporation, sole source vendor of the Symphony ILS, the Integrated Library System, for year two of the five year ILS subscription agreement, including support and maintenance of its Symphony ILS, covering the period of October 1, 2020 through September 30, 2021, in a total cumulative amount not to exceed $39,125.53. During fiscal year 2019-2020, the Library completed the latest upgrade and renewed the subscription agreement for support and maintenance of the Symphony Software as a Service (SaaS) ILS system, for a period of five years beginning on October 1, 2019 and ending on September 30, 2024. (LIBRARY) APPROVED 7-0 N. Request permission to increase the expense amount in the Professional Services Agreement between the City of Hialeah and Nexplore, LLC, to provide online classes for registered senior participants in the Adult Programs to attend due to COVID-19 building closures, from August 17, 2020 through September 30, 2020, by an additional amount of $3,600, for a new total cumulative amount not to exceed $10,080, to be paid for through CDBG funding under the Senior Enrichment Grant. (EDUCATION AND COMMUNITY SERVICES DEPARTMENT) APPROVED 7-0 9/11/2020 4:26 PM O. Proposed resolution adopting the Miami-Dade County Local Mitigation Strategy (LMS) for the next five years (2020-2025), a copy of which is available upon request at the Office of the City Clerk, to ensure compliance with federal standards and guarantee the City’s continuous eligibility to receive LMS funding; and providing for an effective date. (OFFICE OF EMERGENCY MANAGEMENT) APPROVED 7-0 RESOLUTION NO. 2020-119 9. ADMINISTRATIVE ITEMS A. First reading of proposed ordinance amending the Code of Ordinances of the City of Hialeah, Chapter 58 entitled “Offenses”, Article VI. “Miscellaneous”, and in particular, adding Code Section 58-70, making violations of all state, county and local emergency rules and orders, promulgated pursuant to Chapter 252, Florida Statutes, enforceable through civil violations pursuant to Chapter 22 of the Hialeah Code; amending Chapter 22 entitled “Code Enforcement”, Article I. “In General”, and in particular, amending Section 22-2, “Definitions”, revising the definition of Code to include any emergency rules, regulations, ordinances or orders adopted and promulgated by the city, county or state; amending Article III. “Enforcement Procedures”, Division 3. “Civil Violation Enforcement Procedures”, and in particular, amending Section 22-190, entitled “Schedule of Civil Penalties”, providing for a civil penalty in the amount of $100.00 for violations of emergency rules, regulations, ordinances or orders; amending Chapter 86 entitled “Taxation and Fees”, Article II. Local Business Tax, in particular, amending Section 86- 53, entitled “Denial of Business Tax Receipt”, adding subsection (a) (16) to provide that an application for a business tax receipt may be denied if the applicant has violated state, county and/or local emergency orders or rules promulgated pursuant to Chapter 252, Florida Statutes; amending Section 86-54, entitled “Suspension and Revocation of Business Tax Receipt”, adding subsection (a) (17) to provide that the City Council shall either revoke or temporarily suspend a business tax receipt if the business tax receipt holder has violated or allows the violation of state, county and/or local emergency orders or rules promulgated pursuant to Chapter 252, Florida Statutes; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in code; providing for a severability clause and providing for an effective date. (ADMINISTRATION) APPROVED 7-0 REPORT: Lorena Bravo, City Attorney, spoke on this item. REPORT: Motion to Approve Administrative Item 9A made by Council Member Cue-Fuente, and seconded by Council Vice President De la Rosa. Motion passes 7-0. Second reading and public hearing is scheduled for September 22, 2020. B. First reading of proposed ordinance amending Chapter 74 entitled “Signs”, of the Code of Ordinances and in particular by amending a section to Article III, Regulations, Division 3, entitled “District Regulations” creating a new section 74-214 entitled “The Amelia District Signage”; repealing all ordinances or parts of ordinances in conflict herewith; providing for inclusion in the code; providing for a severability clause; and providing for an effective date. 9/11/2020 4:26 PM  (ZONING) (NO ACTION) Registered Lobbyist: Alejandro Vilarello, Esq., 16400 NW 59 Avenue, Miami Lakes, FL, on behalf of the Prestige Companies, 16400 NW 59 Avenue, Miami Lakes, FL. REPORT: Alejandro Vilarello, 16400 NW 59 Avenue, addressed the City Council with a presentation. REPORT: Lorena Bravo, City Attorney, spoke on this item. REPORT: Debora Storch, Planning and Zoning Official, City of Hialeah, spoke on this item. REPORT: Mayor Hernandez spoke on this item. REPORT: Motion to Approve as Presented made by Council Member Cue-Fuente, and seconded by Council Member Zogby. Motion fails at the pleasure of the Council (3-3-1) with Council Member Zogby, Council Member Cue-Fuente and Council Member Garcia-Roves voting “YES”, Council Member Perez, Council Member Tundidor and Council President Hernandez voting “NO”, and Council Vice President not present during roll call. REPORT: Motion to Table Administrative Item 9B made by Council Member Cue- Fuente. Motion fails for lack of a second to the motion. 10. UNFINISHED BUSINESS A. Quarterly Progress Report (May 2020 – August 2020), pursuant to Hialeah, Fla. Resolution No. 2020-021 (February 11th, 2020), on the status of compliance by City with the Consent Agreement by and between the City and Miami-Dade County DERM dated January 30th, 2020. (LAW DEPARTMENT) REPORT: There was no discussion on this item. 11. NEW BUSINESS  Mayor Hernandez spoke regarding efforts to obtain funds from Miami-Dade County, provided an update on additional funds received for rental assistance and small businesses, advised a letter was sent in conjunction with the Florida League of Cities, to the Governor, to sign an executive order allowing local governments to allocate funds to the General Fund. 9/11/2020 4:26 PM  12. CITY COUNCIL’S NEW BUSINESS  Council Member Perez spoke on the following:  COVID -19 testing at Goodlet Park  COVID-19 at-home testing  Commended Council Member Tundidor for the collaboration with the University of Miami to provide COVID-19 testing for kids.  Thanked ITM for the help to the community with blood/plasma testing events.  Drive-in movie night that will be held at Milander Park.  Council President Hernandez spoke on the following:  City of Hialeah 2020-2021 Budget.  City of Hialeah, mobile app.  Ines Beecher, Director of the Office of Management and Budget, City of Hialeah, 501 Palm Avenue, addressed the City Council regarding budget.  Armando Vidal, Director of Public Works, City of Hialeah, addressed the City Council regarding budget. 13. 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. PZ 1. First reading of proposed ordinance approving a Final Plat of Bridge Hialeah West, accepting all dedication of avenues, streets, roads or other public ways, together with all existing and future planting of trees; 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. Property located at the NE corner of NW 102 Avenue and NW 162 Street, Hialeah, Florida. APPROVED 6-0-1 with Council President Hernandez not present during roll call. Registered Lobbyist: Matthew Barnes, 98 SE 7 Street, Suite 1100, Miami, Florida 33131, on behalf of H-21 Cold LLC, 1000 East Irving Park Road, Suite 150, Itasca, IL 60143. On August 26, 2020, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval. 9/11/2020 4:26 PM  REPORT: City Clerk, Marbelys Fatjo, administered the oath administered to all applicants and/or anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item to Mr. Matthew Barnes. REPORT: Matthew Barnes, 98 SE 7 Street, Suite 1100, Miami, Florida 33131, addressed the City Council. REPORT: Motion to Approve Item PZ 1 made by Council Member Zogby, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council President Hernandez not present during roll call. Council President Hernandez recorded his vote as “YES” after the item was approved. Second reading and public hearing is scheduled for September 22, 2020 PZ 2. First reading of proposed ordinance granting a variance permit to allow a single-family home on a substandard lot having a frontage of 25 feet and total lot area of 3,125 square feet, where 75 feet and 7,500 square feet are required; allow interior north and south side setbacks of 5 feet, where 5 feet 1 inch is the minimum required; all contra to Hialeah Code of Ordinances §§ 98-499 and 98-501. Property located at 2190 West 4 Court, Hialeah, zoned R-3 (Multiple-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 7-0 On August 26, 2020, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval. Owner of the Property: Gilberto Aguila, 5735 West 12 Lane, Hialeah, Florida 33012. . REPORT: Debora Storch, Planning and Zoning Official, City of Hialeah, spoke on this item. REPORT: Motion to Approve PZ 2 made by Council Member Zogby, and seconded by Council Vice President De la Rosa. Motion passes 7-0. Second reading and public hearing is scheduled for September 22, 2020. PZ 3. First reading of proposed ordinance repealing and rescinding Hialeah, Fla., Ordinance 2014- 02 (January 14, 2014); Rezoning property at 601 E. Okeechobee Road to C-2 (Liberal Retail Commercial District); granting a Special Use Permit (SUP) to allow the expansion of the NBD (Neighborhood Business District) overlay pursuant to Hialeah Code of Ordinances § 98-1630.8; granting a variance permit to allow only residential uses, where residential and commercial uses are required; allow residential use on the ground floor, where residential uses are allowed above the ground level only; allow 30 units with area of 600 square feet, where area of 850 square feet is the minimum required for 90% of the units; allow 8” setback for building and 1.8 feet front setback for balconies above the ground floor fronting SE 6 Avenue; allow 5 foot front setback on E. Okeechobee Road, allow 5 foot secondary front setback abutting residential uses on SE Park Drive, and allow no front setback for privacy parapets on E. Okeechobee Road, where 10 feet built-to-line setbacks are required; allow 32 parking spaces, where 68 parking spaces are required; allow 23.4% pervious area (5,800 9/11/2020 4:26 PM  square feet), where 30% (7,407 square feet) is the minimum required; allow 26.4% (6,520 square feet) of open space, where 30% (7,407 square feet) is the minimum required; allow 1.8 landscape buffer at SE Park Drive, where 7 feet landscape buffer is required; and allow a metal fence where a concrete wall is required between dissimilar land uses. Property located at 601 East Okeechobee Road, 604 and 610 Park Drive, Hialeah, zoned P (Parking) and R-3 (Multiple-Family District). All contra to Hialeah Code of Ordinances §§ 98-1630.1, 98-1630.2, 98-1630.3(e)(1), 98-2056(b)(1), 98-2189(16)a., and contra to the latest edition of the Hialeah Landscape Manual dated July 9, 2015 Paragraph (D)(7) Parking Lot Buffers and Paragraph (D)(6) Buffers Between Dissimilar Land Uses. 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 7-0 Registered Lobbyists: Hugo Arza, Esq. and Alejandro J. Arias, Esq., 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, on behalf of Lejeune Airport Park Suites, Inc. On August 26, 2020, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approve as recommended. Owner of the Property: LeJeune Airport Park Suites, Inc., 555 East Okeechobee Road, Hialeah, FL 33010. . REPORT: City Clerk, Marbelys Fatjo, administered the oath administered to all applicants and/or anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item to Mr. Hugo Arza. REPORT: Hugo Arza, 701 Brickell Avenue, on behalf of Lejeune Airport Park Suites, Inc. addressed the City Council with a presentation. REPORT: Debora Storch, Zoning Official, City of Hialeah, spoke on this item. REPORT: Motion to Approve Item PZ 3 made by Council Vice President De la Rosa, and seconded by Council Member Tundidor. Motion passes 7-0. Second reading and public hearing is scheduled for September 22, 2020. PZ 4. First reading of proposed ordinance granting a Conditional Use Permit (CUP) to allow an existing K-5 grade school with an enrollment of 121 students to expand to 144 students within a facility that also includes a daycare with an enrollment of 22 students and allow the day care to expand to 54 students, pursuant to Hialeah Code of Ordinances § 98-181; and granting a variance permit to allow the expansion on the nonconforming site with 98 parking spaces, where 118 parking spaces are required; allow a 7.30 foot front setback on West 49 Street, where 20 feet are required; allow a 3 foot rear setback for dumpster enclosure, where 10 feet are required; allow 12 foot rear setback on West 47 Place for existing building, where 15 feet are required; and allow 10.6% pervious area, where 18% is the minimum required; all contra to Hialeah Code of Ordinances §§ 78-108(c)(1), 98-1069, 98-1071, 98-1115, 98-1117, 98-2189(8) and (9); and the latest edition of the Hialeah Landscape Manual dated July 9, 2015 Paragraph (E) Tree and Lawn Requirements by Zoning Classification, Table A. Property located at 1290 and 1300 West 49 Street, zoned C-2 (Liberal Retail 9/11/2020 4:26 PM  Commercial 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 7-0 On August 26, 2020, the Planning and Zoning Board recommended approval of the item with the condition that the shopping center generally preserves the current tenant mix (8,000 square feet of retail at 1290 West 49th Street; and at 1300 West 49th Street: 40,000 square feet of self-storage, 1,700 square feet of limited service restaurant, 1,500 square feet of retail and 11,757 square feet of daycare/school. Planner’s Recommendation: Approve with conditions. Owner of the Property: Raquel E. Valverde Sarmiento, 1306 West 49 Street, Hialeah, Florida 33012. . REPORT: City Clerk, Marbelys Fatjo, administered the oath administered to all applicants and/or anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item to Ms. Raquel Valverde Sarmiento. REPORT: Raquel E. Valverde Sarmiento, 1306 West 49 Street, Hialeah, Florida 33012, spoke on this item. REPORT: Debora Storch, Zoning Official, City of Hialeah, addressed the City Council on this item. REPORT: Motion to Approve Item PZ 4 contingent upon drafting a Declaration of Restrictions with language requiring the maintenance and square feet of the self-storage made by Council Vice President De la Rosa, and seconded by Council Member Tundidor. Motion passes 7-0. Second reading and public hearing is scheduled for September 22, 2020. PZ 5. First reading of proposed ordinance rezoning property from GU (Miami-Dade County Zoning Designation) to MH (Industrial District). Property located on the east side of NW 102 Avenue and north of NW 142 Street, Hialeah, with folio number 04-2020-002-0020. 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 7-0 Registered Lobbyist: Ceasar Mestre Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of Gimrock Property LLC, 13901 NW 118 Avenue, Miami, FL 33178. On August 26, 2020, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval. Owner of the Property: Gimrock Property LLC, 13901 NW 118 Avenue, Miami, Florida 33178. HEC Holdings LLC, 13901 NW 118 Avenue, Miami, Florida 33178. Daniel I. Halley, 8620 SW 48 Street, Miami, Florida 33155. 9/11/2020 . 4:26 PM  REPORT: City Clerk, Marbelys Fatjo, administered the oath administered to all applicants and/or anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item to Mr. Ceasar Mestre. REPORT: Ceasar Mestre Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, addressed the City Council with a presentation. REPORT: Motion to Approve Item PZ 5 made by Council Member Cue-Fuente, and seconded by Council Member Garcia-Roves. Motion passes 7-0. Second reading and public hearing is scheduled for September 22, 2020. PZ 6. Recommendation of denial from the Planning and Zoning Board of the adoption of a ordinance expressing intent to repeal and rescind City of Hialeah, FL Ordinance 98-100 and rezoning from R-1 (One Family District) to R-2 (One- and Two Family Residential District); variance permit to allow a duplex on a substandard lot having a frontage of 40 feet and total lot area of 5,644 square feet, where 75 feet frontage and 7,500 square feet are required. Property located at 586 East 28 Street, Lot 13, Hialeah, zoned R-1 (One Family District). POSTPONED UNTIL SEPTEMBER 22, 2020. On August 25, 2020, the item was postponed until September 8, 2020 per the applicant’s request. On August 11, 2020, the item was postponed until August 25, 2020 per the applicant’s request. Registered Lobbyist: Andre Vazquez, 488 NE 18 Street, Unit 4701, Miami, Florida 33132, on behalf of H-586, LLC, 2396 Christopher LN, Clewiston, FL 33440. On July 29, 2020, the Planning and Zoning Board recommended denial of this item. Planner’s Recommendation: Approval of the rezoning and lot variance subject to parking area redesign. Owner of the Property: Juan Pulles and Dania Pulles, 8242 NW 164 Street, Miami Lakes, Florida 33016. PZ. 7. Recommendation of denial from the Planning and Zoning Board of the adoption of a ordinance expressing intent to repeal and rescind City of Hialeah, FL Ordinance 98-100 and rezoning from R-1 (One Family District) to R-2 (One- and Two Family Residential District); variance permit to allow a duplex on a substandard lot having a frontage of 40 feet and total lot area of 5,638 square feet, where 75 feet frontage and 7,500 square feet are required. Property located at 586 East 28 Street, Lot 14, Hialeah, zoned R-1 (One Family District). POSTPONED UNTIL SEPTEMBER 22, 2020. On August 25, 2020, the item was postponed until September 8, 2020 per the applicant’s request. On August 11, 2020, the item was postponed until August 25, 2020 per the applicant’s request. 9/11/2020 4:26 PM  Registered Lobbyist: Andre Vazquez, 488 NE 18 Street, Unit 4701, Miami, Florida 33132. On July 29, 2020, the Planning and Zoning Board recommended denial of this item. Planner’s Recommendation: Approval of the rezoning and lot variance subject to parking area redesign. Owner of the Property: Juan Pulles and Dania Pulles, 8242 NW 164 Street, Miami Lakes, Florida 33016. PZ. 8. Recommendation of denial from the Planning and Zoning Board of the adoption of a ordinance expressing intent to repeal and rescind City of Hialeah, FL Ordinance 98-100 and rezoning from R-1 (One Family District) to R-2 (One- and Two Family Residential District); variance permit to allow a duplex on a substandard lot having a frontage of 40 feet and total lot area of 5,634 square feet, where 75 feet frontage and 7,500 square feet are required; allow street side setback of 5.5 feet, where 7.5 feet is the minimum required. Property located at 586 East 28 Street, Lot 15, Hialeah, zoned R-1 (One Family District). POSTPONED UNTIL SEPTEMBER 22, 2020. On August 25, 2020, the item was postponed until September 8, 2020 per the applicant’s request. On August 11, 2020, the item was postponed until August 25, 2020 per the applicant’s request. Registered Lobbyist: Andre Vazquez, 488 NE 18 Street, Unit 4701, Miami, Florida 33132, on behalf of H-586, LLC, 2396 Christopher LN, Clewiston, FL 33440. On July 29, 2020, the Planning and Zoning Board recommended denial of this item. Planner’s Recommendation: Approval of the rezoning and lot variance subject to parking area redesign. Owner of the Property: Juan Pulles and Dania Pulles, 8242 NW 164 Street, Miami Lakes, Florida 33016. PZ. 9. Recommendation of denial from the Planning and Zoning Board of the rezoning from R-1 (One Family District) to R-2 (One-and Two Family Residential District) and variance permit to allow a duplex on a substandard lot having a frontage of 40 feet and total area of 5,443 square feet, where 75 feet frontage and 7,500 square feet are required; allow lot coverage of 48.1% 47.5%, where 30% is the maximum allowed and allow interior east and west side setbacks of 5 feet, where 7.5 feet is the minimum required respectively and allow rear setback of 16 feet, where 25 feet is the minimum required. Property located at 752 East 33 Street, Hialeah, zoned R-1 (One Family District). WITHDRAWN BY APPLICANT On August 26, 2020, the Planning and Zoning Board recommended denial of the item. 9/11/2020 4:26 PM  Planner’s Recommendation: Approval. Owner of the Property: Lumination Homes, LLC and Luminous Builders, LLC, 1474-A West 84 Street, Hialeah, Florida 33014. REPORT: City Clerk, Marbelys Fatjo, administered the oath administered to all . applicants and/or anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item to Mr. Michael Osman. REPORT: Michael Osman, addressed the City Council on this item. REPORT: Two individuals interested in making comments or posing questions on matters of public concern registered with the Office of the City Clerk to participate live during the meeting using Zoom. (1) Mabel Leon, with a home address of 710 East 33 Street, Hialeah, Florida, addressed the City Council with Maira Cosio, in opposition to the approval of this item. REPORT: City Clerk, Marbelys Fatjo, administered the oath administered to all applicants and/or anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item to Ms. Mabel Leon and Ms. Maira Cosio. (2) Ela Leon, with a home address of 720 East 33 Street, Hialeah, Florida. Ms. Leon was not identified in the Zoom meeting and did not respond when addressed. REPORT: Council President Hernandez asked anyone watching or listening to the meeting who would like to speak, to please use the raising of the hand feature on Zoom. Two (2) members of the public expressed interest in participating. (3) Jose Azze, with a home address of 788 SE Park Drive, addressed the City Council in opposition of the approval of this item. REPORT: Mr. Michael Osman withdrew the applications related to Items PZ 9 and 10. PZ 10. Recommendation of denial from the Planning and Zoning Board of the rezoning from R-1 (One Family District) to R-2 (One-and Two Family Residential District) and variance permit to allow a duplex on a substandard lot having a frontage of 40 feet and total area of 5,443 square feet, where 75 feet frontage and 7,500 square feet are required; allow lot coverage of 48.1% 47.5%, where 30% is the maximum allowed and allow interior west side setback of 5 feet, where 7.5 feet is the minimum required respectively and allow rear setback of 16 feet, where 25 feet is the minimum required. Property located at 7XX East 33 Street, Hialeah, zoned R-1 (One Family District). WITHDRAWN BY APPLICANT. On August 26, 2020, the Planning and Zoning Board recommended denial of the item. 9/11/2020 4:26 PM  Planner’s Recommendation: Approval. Owner of the Property: Lumination Homes, LLC and Luminous Builders, LLC, 1474-A West 84 Street, Hialeah, Florida 33014. . REPORT: Council President Hernandez adjourned the meeting at 11:44 p.m. NEXT CITY COUNCIL MEETING: Tuesday, September 22, 2020 at 7:00 p.m. (Virtual) FIRST BUDGET HEARING: Monday, September 14, 2020 at 7:00 p.m. (Virtual) NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, November 24, 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). 9/11/2020 4:26 PM