City Council

Carlos Hernández Council Members 7 Mayor Katharine Cue-Fuente OMB 0 Oscar De la Rosa Jesus Tundidor Jacqueline Garcia-Roves President Paul B. Hernandez Carl Zogby Monica Perez Vice President City Council Meeting Minutes August 10, 2021 7:00 p.m. ____________________________________________________ 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:04 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with all Council Members present: 1. Council President Tundidor 2. Council Vice President Perez 3. Council Member Garcia-Roves 4. Council Member Hernandez B. REPORT: City Clerk, Marbelys Fatjo, called the roll with the following Council Members absent: 1. Council Member Cue-Fuente 2. Council Member De la Rosa 3. Council Member Zogby C. REPORT: 1. Lorena Bravo, City Attorney, was present. 2. Marbelys Fatjo, City Clerk, was present. 3. INVOCATION A. REPORT: Marbelys Fatjo, City Clerk, led the invocation. 8/11/2021 2:21 PM  4. PLEDGE OF ALLEGIANCE A. REPORT: Council Vice President Perez led the Pledge of Allegiance. 5. 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.  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting.  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.  The public can view public meetings on the City’s Facebook page (@CityofHialeah).  Members of the public may hear the meeting live through 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.  All persons participating via the web platform 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. REPORT: Marbelys Fatjo, City Clerk, read the meeting guidelines. REPORT: Council President Tundidor called for a moment of silence in memory of Cris Villa, a Hialeah Firefighter who passed away. 8/11/2021 2:21 PM  6. PRESENTATIONS A. REPORT: None. 7. COMMENTS AND QUESTIONS A. REPORT: The Office of the City Clerk did not receive any email messages from persons interested in making comments or posing questions on matters of public concern. B. REPORT: No one expressed 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 Comments and Questions portion of the meeting using Zoom. C. REPORT: No one in the meeting via Zoom expressed interest in making comments or posing questions on matters of public concern during this portion of the meeting. D. REPORT: The following three (3) individuals present in the Council Chambers expressed interest in speaking during this portion of the meeting: (1) Jose Azze, with a home address of 788 Southeast Park Drive, addressed the City Council regarding the City’s Parks and Recreation Department and provided the City Council with a document titled “Professional Services Agreement between HG Sports, Inc. and the City of Hialeah.  Joseph Dziedzic, Director of the City’s Department of Parks and Recreation addressed the City Council regarding Mr. Azze’s comments. (2) Davalyn Suarez, Esq., Legal Services of Greater Miami with law office located at 4343 West Flagler Street, addressed the City Council regarding the Strawberry Village mobile home community. (3) John Herrera, with a home address of 1451 West 29th Street, Lot 20, addressed the City Council regarding the Strawberry Village mobile home community. (4) Sabrina Moran, with a home address of 1451 West 29th Street, Lot 16, addressed the City Council regarding the Strawberry Village mobile home community. (5) Dayami Ramos and her minor daughter, Shalya Ramos, with a home address of 1451 West 29th Street, addressed the City Council regarding the Strawberry Village mobile home community. 8/11/2021 2:21 PM  8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  Administrative Item 10 A is withdrawn until further notice, per the administration.  Administrative Item 10 C is withdrawn from the agenda, per the administration.  Administrative Item 10 E is postponed until August 24, 2021.  Administrative Item 10 G is postponed until August 24, 2021, per the applicant’s request.  Item PZ 4 is postponed until August 24, 2021, per the applicant’s request.  Item LU 1 is postponed until August 24, 2021 due to there not being enough members of the City Council in attendance during today’s meeting to consider the item. 9. CONSENT AGENDA All items listed under Consent Agenda with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. REPORT: Motion to Approve the Consent Agenda made by Council Member Garcia-Roves, and seconded by Council Vice President Perez. Motion passes 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. A. Request permission to approve the minutes of the City Council Meeting held on July 13, 2021. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. B. Proposed resolution in support of the people of Cuba in their demand for freedom and condemning the tyrannical communist regime in Cuba, and urging the President of the United States to support the Cuban people who bravely took to the streets. (ADMINISTRATION) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. RESOLUTION NO. 2021-098 C. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-1330, issued to Fire-Tec1, Inc., for the leasing of Firefighter bunker gear for the new fire recruit academy class of July 2021, by an additional amount of $10,000.00, for a new total cumulative amount not to exceed $22,000.00. (FIRE DEPARTMENT) 8/11/2021 2:21 PM  APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. D. Request permission to issue a purchase order to Rescue Systems Unlimited LLC, sole source vendor, for the purchase of battery-powered hydraulic extrication tools for the Hialeah Fire Department, in a total cumulative amount not to exceed $37,145.00. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. E. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to Lifeline Inflatable Services Inc., vendor providing the lowest quotation, for the purchase of a 14’ aluminum rescue boat, motor and trailer to be used by the Hialeah Fire Department for the purpose of water rescues or extreme weather emergencies, in a total cumulative amount not to exceed $19,022.25. (FIRE DEPARTMENT) (GRANTS AND HUMAN SERVICE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. F. Report of Scrivener’s Error – On July 13, 2021, the City Council approved Consent Item Q, Resolution No. 2021-094, approving an amendment to a Service Agreement between Tyler Technologies, Inc. and the City of Hialeah, dated June 19, 2018, approved by Hialeah, Fla. Resolution 2018-046 (May 24, 2018) to provide additional products and services for the purpose of streamlining the intake review and approval of Business Tax Receipt applications in furtherance of the City’s obligation under the Consent Agreement dated January 30, 2020 with Miami-Dade County DERM. Exhibit “1” to Resolution No. 2021-094 reflected a total of $56,520.00 as the annual software as a service (SaaS) fees and it should have reflected $64,173.00. Exhibit “1” is being amended to reflect the correct amount. (LICENSE) (LAW DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. G. Proposed resolution authorizing the Mayor or his designee to accept State Housing Initiative Partnership Program Funds appropriated by the Florida Legislature and administered by the Florida Housing Finance Agency, in the amount of $1,006,100.00 to be used in the rehabilitation of residential properties owned by qualifying low income families throughout the City of Hialeah, to provide rental preservation for City owned affordable housing buildings, to provide mortgage assistance and to provide Rental Assistance Rapid Re-Housing Program, for fiscal year 2021-2022, attached as Exhibit “A”; authorizing the Mayor or his designee to execute any and all agreements, and documents in furtherance thereof; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. RESOLUTION NO. 2021-099 H. Proposed resolution accepting a grant award from the U.S. Department of Housing and Urban Development (HUD) through the passing of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, in the 8/11/2021 2:21 PM  amount of $3,533,102.00 of Community Development Block Grant COVID-19 (CDBG-CV-3), attached as Exhibit “A”; further authorizing the Mayor, or his designee, Director of Grants and Human Services, on behalf of the City, to execute all other necessary documents in furtherance thereof. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. RESOLUTION NO. 2021-100 I. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-682, issued to Medina Brothers Plumbing Supplies, Inc., for the purchase of day-to-day plumbing supplies for the City’s affordable housing facilities, for the payment of outstanding invoices in the amount of $1,970.05 and to cover any purchases necessary for the remainder of the fiscal year, by an additional amount of $5,000.00, for a new total cumulative amount not to exceed $10,000.00. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. J. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-396, issued to South Florida Appliance, Inc., for appliances, parts and services for the day-to- day maintenance of all citywide facilities, as well as for the payment of outstanding invoices in the amount of $68.91, by an additional amount of $10,000.00, for a new total cumulative amount not to exceed $30,000.00. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. K. Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor was recommended by the City’s Selection Committee for engineering services in response to Request for Qualifications No. 2009/10-9500-00-0007 – General Consultants for Engineering and Architectural Services which was approved by the City Council on June 8, 2010 and expired in 2018, and issue a purchase order to SRS Engineering, Inc., for the design/engineering for the new Modular Fire Station No. 9, in the amount of $73,756.34, and further request a contingency in the amount of $5,000.00 to cover any revisions or additional work that may be needed, for a total cumulative amount not to exceed $78,756.34. (FIRE DEPARTMENT) (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. L. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-151, issued to Miami-Dade Electric and A/C Supply, LLC, for electrical and air conditioning supplies for the day-to-day maintenance of all citywide facilities, as well as for the payment of outstanding invoices in the amount of $3,702.23, by an additional amount of $10,000.00, for a new total cumulative amount not to exceed $35,000.00. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. 8/11/2021 2:21 PM M. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-177, issued to Medina Brothers Plumbing Supplies, Inc., for day-to-day plumbing supplies for general government, for the payment of outstanding invoices in the amount of $2,074.85, as well as to cover any purchases necessary for the remainder of the fiscal year, by an additional amount of $5,000.00, for a new total cumulative amount not to exceed $13,643.67. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. N. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-686, issued to Miami-Dade Electric and A/C Supply, LLC, for the purchase of electrical and air conditioning supplies for the day-to-day maintenance of all affordable housing facilities, as well as for the payment of outstanding invoices in the amount of $1,314.61, by an additional amount of $5,000.00, for a new total cumulative amount not to exceed $10,000.00. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. O. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-677, issued to South Florida Appliance, Inc., for appliances, parts and services for the day-to- day maintenance of all citywide facilities, as well as for the payment of outstanding invoices in the amount of $514.25, by an additional amount of $10,000.00, for a new total cumulative amount not to exceed $30,000.00. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. P. Proposed resolution approving the Memorandum of Understanding between the City of Miami and the City of Hialeah for the procurement and distribution of goods and services under the Securing the Cities Initiative; and authorizing the Mayor or designee, Chief of Police, and the City Clerk, as attesting witness, on behalf of the City, to execute the Memorandum of Understanding attached hereto in substantial form, and made a part hereof as Exhibit “1”; and providing for an effective date. (DEPARTMENT OF EMERGENCY MANAGEMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. RESOLUTION NO. 2021-101 Q. Proposed resolution approving the Memorandum of Understanding between the City of Miami and the City of Hialeah for the procurement and distribution of goods and services under the Securing the Cities Initiative; and authorizing the Mayor or the Fire Chief, as his designee, and the City Clerk, as attesting witness, on behalf of the City, to execute the Memorandum of Understanding attached hereto in substantial form, and made a part hereof as Exhibit “1”; and providing for an effective date. (DEPARTMENT OF EMERGENCY MANAGEMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. RESOLUTION NO. 2021-102 8/11/2021 2:21 PM R. Request permission to issue a purchase order to Kronos Systems Incorporated, vendor under agreement with the Hialeah Fire Department, to provide Webstaff access to administrative staffing (Tele-Staff) functions through the internet for fire operations, in a total cumulative amount not to exceed $26,400.00. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. S. Request permission to issue a purchase order to Zoll Medical Corporation, sole source vendor, for the purchase of medical supplies and equipment that include X-Series Advanced Manual Monitor Defibrillator, Rainbow RC-4 4ft Reusable EMS Patient Cable, Rainbow DCI Adult Reusable Sensor with connector (3ft), Cuff Kit with Welch Allyn Small Adult, Large Adult and Thigh Cuffs, six (6) hour rechargeable Smart Battery, SurePower 4 Bay Charging System, including 4 battery charging adapters, AutoPulse System with Pass Through LifeBands, AutoPulse SurePower Charger, AutoPulse Lithium Ion Batteries, AutoPulse Quick Case- Blue and upgrade SPCO X Series, in a total cumulative amount not to exceed $338,124.54. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. T. Proposed resolution approving a specific appropriation pursuant to Hialeah, Fla. Charter Section 3.08(d) in the amount of $32,939.50 from the General Fund General Government Account No. 001.8500.519240 to Police Capital Equipment Account No. 001.1000.521640 to fund the purchase of the Capital Equipment described in the Quote Number 391381V:1 dated July 26, 2021 from Zoll Medical Corporation attached as Exhibit A; and providing an effective date. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. RESOLUTION NO. 2021-103 U. Request permission to issue a purchase order to Zoll Medical Corporation, sole source vendor, for the purchase of five (5) Zoll AED 3 fully automatic packages with PlusRX, standard surface wall cabinets and four (4) year rescue ready advanced response package for the City of Hialeah Fire Department, in a total cumulative amount not to exceed $16,469.75. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. V. Request permission to issue a purchase order to Zoll Medical Corporation, sole source vendor, for the purchase of twenty (20) Zoll AED 3 fully automatic packages with PlusRX, standard surface wall cabinets and four (4) year rescue ready advanced response package for the City of Hialeah Public Housing, in a total cumulative amount not to exceed $65,879.00. (FIRE DEPARTMENT) (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. 8/11/2021 2:21 PM  W. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-234, issued to Manuel Ledoux, Inc, for the service of washing City vehicles, by an additional amount of $5,000.00, for a new total cumulative amount not to exceed $12,500.00. (FLEET AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. X. Request permission to waive competitive bidding, since it is advantageous to the City due to additional repairs required at the City Hall parking garage, and increase Purchase Order No. 2021-127, issued to Mowrey Elevator Company of Florida, Inc., for citywide elevator callbacks, repairs (general government), by an additional amount of $40,000.00, for a new total cumulative amount not to exceed $60,000.00. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. Y. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to Paldama Investment, Inc., vendor providing the lowest quotation, for the installation of a new perimeter security chain link fence and gates for the new Fire Station No. 9 Modular Trailer, in a total amount of $23,500.00, and further request a ten percent (10%) contingency in the amount of $2,350.00 to cover permitting fees and any unforeseen site conditions that may arise during the work, for a total cumulative amount not to exceed $25,850.00. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. Z. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-1003, issued to Berstein-Ryan, LLC, doing business as Imagefirst Healthcare Laundry Specialists, for laundry and linen services to all eight (8) fire stations, by an additional amount of $22,000.00, for a new total cumulative amount not to exceed $65,000.00. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. AA. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-1073, issued to All Uniform Wear Corp., to cover the cost of uniforms for newly promoted personnel of the Hialeah Fire Department and the new Academy Recruit Class uniforms, by an additional amount of $12,000.00, for a new total cumulative amount not to exceed $57,000.00. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. BB. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to Nosa, Inc, doing business as Palmetto MotorSports, vendor providing the lowest quotation, for the purchase of two (2) Kawasaki Special Utility ATVs to be used by the Hialeah Fire Department during special events for the transporting of EMS patients to rescue vehicles, in a total cumulative amount not to exceed $32,462.00. (FIRE DEPARTMENT) 8/11/2021 2:21 PM  (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. CC. Request permission to utilize Miami Dade County Contract - Furniture Bid 1072, effective through December 31, 2025, and issue a purchase order to Mity-Lite, Inc., for the purchase of twenty-five (25) round tables, two hundred (200) mesh folding chairs, two (2) multi-function tree carts and two hundred (200) classic crown banquet chairs for Wilde Community Center, which is shared by the City’s Parks and Recreation Department and Hialeah Housing Authority for their senior lunch program, in a total cumulative amount not to exceed $38,475.00, half of which will be reimbursed to the City by the Hialeah Housing Authority. (PARKS AND RECREATION DEPARMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. DD. Request permission to utilize Sourcewell Contract No. 040319-CEC - Bobcat/Doosan/Clark Equip., Compact Construction Equipment, effective through May 31, 2023, and issue a purchase order to Bobcat Company, for the purchase of one (1) new Bobcat compact track loader, including freight and assembly to serve the demands of the new residential development to the City’s park system, in a total cumulative amount not to exceed $51,985.52. (PARKS AND RECREATION DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. EE. Request permission to waive competitive bidding, since it is advantageous to the City, and increase Purchase Order No. 2021-1587, issued to SRS Engineering, Inc., for the design and engineering of the new Annex Park located on West 92nd Street, by an additional amount of $33,133.72, for additional testing and environmental site assessments required by Miami-Dade County DERM, for a new total cumulative amount not to exceed $158,336.86. (DEPARTMENT OF PARKS AND RECREATION) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. FF. Request permission to waive competitive bidding, since it is advantageous to the City due to the continued need for emergency repairs, and increase Purchase Order No. 2021-47, issued to Biscayne Electric Motor and Pump, Inc., for the repair and maintenance of aquatic facility, fountain pumps and motors, by an additional amount of $15,000.00, for a new total cumulative amount not to exceed $29,000.00. (DEPARTMENT OF PARKS AND RECREATION) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. GG. Request permission to utilize the State of Texas Contract, Contract No. R201101 – Athletic, Physical Education Supplies, and Team Uniforms, effective through September 30, 2023, contract which is part of Omnia Partners, the largest cooperative purchasing organization for the public sector offering a large portfolio of competitively bid contracts, which the City of Hialeah is registered to utilize, and issue a purchase order to BSN Sports, LLC, for the purchase of two (2) new basketball court systems for the new Annex Park, in a total cumulative amount not to exceed $10,038.08. (DEPARTMENT OF PARKS AND RECREATION) 8/11/2021 2:21 PM  APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. HH. Request permission to approve the minutes of the Special Meeting of the City Council held on August 3, 2021 at 5:30 p.m. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. II. Request permission to increase Purchase Order No. 2021-25, issued to Quadient, Inc., sole source vendor, for the lease of the City of Hialeah Department of Public Works’ mailing equipment, by an additional amount of $4,000.00, for a new total cumulative amount not to exceed $19,000.00. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. JJ. Request permission for ratification of payment to Florida East Coast Railway, L.L.C., for the payment of Invoice No. 44852904, in the amount of $13,065.01 and Invoice No. 44479982, in a total amount of $12,913.91, for a total amount of $25,978.92 processed on June 17, 2021, for pipe-wire license fee. On May 13, 1992, the City of Hialeah and Florida East Coast Railway entered into a License Agreement, and certain portions of the railways located within the City are used for utility pipelines. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. KK. Request permission to waive competitive bidding, since it is advantageous to the City and increase Purchase Order No. 2021-541, issued to Terra Scape Pest Control Inc, for pest control services to the homes of the City’s police canine officers, the City’s canine facility and police stations one through five, by an additional amount of $1,650.00, to pay for termite control in the Hialeah Police Department Training Building and for the addition of a K9 Officer to the unit, for a new total cumulative amount not to exceed $51,150.00. (POLICE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. LL. Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor holds Level 1 Criminal Justice Information Security (CJIS) Certificate which provides the vendor with unescorted access into the CJIS Secure Area of the Hialeah Police Department, and issue a purchase order to VCS Tech Systems, LLC, for the payment of five (5) invoices for the sub-sectors and Headquarter Body Camera Project which consists of low voltage structured cabling, access control systems, CCTV surveillance system, installation and programming: (1) Invoice No. 001525 in the amount of $6,040.00, (2) Invoice No. 001656 in the amount of $5,685.00, (3) Invoice No. 001657 in the amount of $2,240.00, (4) Invoice No. 001666 in the amount of $3,637.99 and (5) Invoice No. 001667 in the amount of $1,579.00, for a total cumulative amount not to exceed $19,181.99. (POLICE DEPARTMENT) 8/11/2021 2:21 PM  APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. MM. Request permission to utilize the State of Florida Contract No. 56120000-19-ACS – Furniture, effective through December 1, 2023, and issue a purchase order to Compass Office Solutions LLC, for the purchase cubicles and office desks to be used by the body camera unit, in a total cumulative amount not to exceed $15,453.84. (POLICE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. NN. Proposed resolution approving a specific appropriation pursuant to Hialeah, Fla. Charter Section 3.08(d) in the amount of $22,175.00 from the General Fund General Government Account No. 001.8500.519509 to Police Capital Equipment Account No. 001.1000.521640 to fund the purchase of the Capital Facilities described in the Quote Number Q22-0006 dated July 13, 2021 from Savage Range Systems attached Exhibit A; and providing an effective date. (POLICE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. RESOLUTION NO. 2021-104 OO. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to Rainbow Window Tinting, Inc, doing business as Rainbow Emergency Equipment, sole source distributor for Federal Signal Products in Miami-Dade County, for the purchase and installation of emergency lights and sirens for the Hialeah Fire Department ATV special event vehicles, in a total cumulative amount not to exceed $4,627.60. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. PP. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to Doudney Sheet Metal Works, Inc., vendor providing the lowest quotation, to custom fabricate and install two (2) aluminum frames, roofs and side panels with cabinets for the Hialeah Fire Department ATV special event vehicles to be used by the Fire Department for rapid response during special events, in a total cumulative amount not to exceed $22,328.46. (FIRE DEPARTMENT) (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. QQ. Request permission to increase Purchase Order No. 2021-1437, issued to Itron, Inc., doing business as The Avanti Company, sole source vendor of Itron handheld, radio and reading equipment, to cover the cost of cloud services, annual subscription fees and annual software maintenance of the software of the City’s Department of Public Works’ Itron handheld meter reading system, by an additional amount of $8,830.00, for a new total cumulative amount not to exceed $45,129.00. (DEPARTMENT OF PUBLIC WORKS) 8/11/2021 2:21 PM  APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. RR. Request permission to ratify the Mayor’s decision to authorize the issuance of Purchase Order No. 2021- 2074, issued on June 29, 2021, to AECOM Infrastructure, Inc., vendor currently under contract with the City for the relocation of the pipelines at the Graham Wells and vendor which has previously provided construction and inspection services to the City’s Reverse Osmosis Water Treatment Plant, for the inspection of a City owned 2-million gallon storage tank located at West 12 Avenue and West 84th Street for the 40 year recertification, in a total cumulative amount not to exceed $50,000.00. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. SS. Request permission to ratify the Mayor’s decision to authorize the issuance of Purchase Order No. 2021- 2174, issued on July 29, 2021, to Accela, Inc. (formerly known as Springbrook and the developer of the billing system used by the City’s Department of Public Works), vendor currently being used by the City for the annual support and maintenance for web payments, pay by phone and utility billing system, for an upgrade to the Springbrook Software, in a total cumulative amount not to exceed $178,045.00. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. TT. Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor was awarded Phase 1 of the extension of an eight-inch water main approximately 300 feet along East 16th Street between East 4th Avenue and East 5th Avenue, and issue a purchase order to Acosta Tractors Inc, for Phase 2 of the project, which consists of the extension tying the water main at East 5 th Avenue with an approximate additional length of 340 feet, in a total cumulative amount not to exceed $63,819.38. The Department of Public Works of the City of Hialeah has a developer agreement with 457 LLC who has contributed $25,000.00 towards Phase 2 of the project. (DEPARTMENT OF PUBLIC WORKS) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. UU. Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor was recommended by the City’s Selection Committee for engineering services in response to Request for Qualifications No. 2009/10-9500-00-0007 – General Consultants for Engineering and Architectural Services which was approved by the City Council on June 8, 2010 and expired in 2018, and issue a purchase order to SRS Engineering, Inc., for the roadway design of West 38th Avenue from 109th to 110th Street (east right-of way only), in a total cumulative amount not to exceed $48,971.23. (STREETS) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. VV. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to M2 Development Group LLC, vendor providing the lowest quotation, for the labor and blocks for the fabrication of the entrance feature of Northwest 97th Avenue and 170th Street, in a total cumulative amount not to exceed $19,800.00. (STREETS) 8/11/2021 2:21 PM  APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. 10. ADMINISTRATIVE ITEMS 10 A. Second reading and public hearing of proposed ordinance amending the Hialeah Code of Ordinances Chapter 90, entitled “Vehicle for Hire”, Article III - Wrecker Service, § 90-178 adding minimum service requirements for City-Initiated Towing Services; eliminating the requirement that the business operations of a wrecker company be located within the City and expanding the business location to within five miles of the City limits; eliminating the requirement that employees operating wreckers have at least three years experience; eliminating storage charges when a vehicle is on hold at a police impound facility for evidence as an instrumentality of a crime with the Police Department; repealing all ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in the code; and providing for an effective date. (POLICE DEPARTMENT) WITHDRAWN UNTIL FURTHER NOTICE. On July 13, 2021, the item was postponed until August 10, 2021. Second reading and public hearing was scheduled for August 10, 2021. On June 22, 2021, the City Council approved the item on first reading. Second reading and public hearing was scheduled for July 13, 2021. 10 B. Second reading and public hearing of proposed ordinance amending Chapter 98 entitled “Zoning” Article III. “Plans and Plats”, Division 3. Subdivision Plats; Section 98-349 Unity of Title; Covenant in lieu thereof, of the Code of Ordinances of the City of Hialeah, by clarifying that the exception to the subdivision of plat requirement for the BDH Business Development District, is subject to compliance with the subdivision provisions of Chapter 28 of the Miami-Dade County Code; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. ORDINANCE NO. 2021-070 On July 13, 2021, the City Council approved the item on first reading. Second reading and public hearing was scheduled for August 10, 2021. REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Administrative Item 10 B made by Council Member Garcia-Roves, and seconded by Council Member Hernandez. Motion passes 4-0-3 with Council Member Cue- Fuente, Council Member De la Rosa and Council Member Zogby absent. 8/11/2021 2:21 PM 10 C. First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 86, entitled “Taxation and Fees”, amending Article II.- Local Business Tax, Section 86-43 entitled “Schedule of Tax by Business Classification”, Sector 72 “Accommodation and Food Services”, Subsector 721; eliminating the fractional tax; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; providing for an effective date. WITHDRAWN On June 22, 2021, the City Council postponed the item until August 10, 2021. 10 D. First reading of proposed ordinance amending the Code of Ordinances of the City of Hialeah, Chapter 22 entitled “Code Enforcement”, Article I. “In General”, and in particular, amending Article III. “Enforcement Procedures”, Division 3. “Civil Violation Enforcement Procedures”, Section 22-190, entitled “Schedule of Civil Penalties” to provide for a civil penalty in the amount of $250.00 for violations of Section 18-613 of the Code of Ordinances; 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. (SPONSOR: COUNCIL PRESIDENT TUNDIDOR) (CO-SPONSOR: COUNCIL MEMBER DE LA ROSA) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. On June 22, 2021, the City Council postponed the item until August 10, 2021. REPORT: Motion to Approve Administrative Item 10 D made by Council Member Hernandez, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. REPORT: Second reading and public hearing is scheduled for August 24, 2021. 10 E. First reading of proposed ordinance amending Chapter 98 entitled “Zoning”, Article V. “Zoning District Regulations”, Division 34. "HPD Hialeah Park District"; amending Section 98-1630.10 - "Purpose", Section 98-1630.11 - "Geographic Area", Section 98-1630.13 - "Permitted Uses, Limitations and Prohibitions", Section 98-1630.15 - "Site Development Plan Approval; and creating Section 98-1630.16 - "Hialeah Park District - Phase I Development Standards"; hereby approving the Pattern Book entitled "The Residences at Hialeah Park", as prepared by Civica Architecture and Albert O. Gonzalez Architect, P.A., and dated July 2021, which shall be on file with the City Clerk; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (ZONING) POSTPONED UNTIL AUGUST 24, 2021 10 F. First reading of proposed ordinance amending Chapter 98 entitled “Zoning”, Article V. entitled “Zoning District Regulations”, Division 35 Alwod Artist Live/Work Overlay District, Section 98-1630.17 Definitions, and Section 98-1630.21 Artist Studio Regulations to provide for Art Gallery as a Permitted Use of the Code of Ordinances of the City of Hialeah; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in code; providing for severability; providing for an effective date. (ZONING) 8/11/2021 2:21 PM  (CO-SPONSOR COUNCIL MEMBER HERNANDEZ) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. REPORT: Motion to Approve Administrative Item 10F made by Council Member Hernandez, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Member Cue- Fuente, Council Member De la Rosa and Council Member Zogby absent. REPORT: Second reading and public hearing is scheduled for August 24, 2021. 10 G. First reading of proposed ordinance amending Chapter 98 entitled “Zoning”, Article III. “Plans and Plats”, Division 3. Subdivision Plats; creating Section 98-350 "Subdivision by Waiver of Plat for HPD Hialeah Park District", of the Code of Ordinances of the City of Hialeah, by adding waiver of plat requirements, procedures, and review criteria for the HPD Hialeah Park District; providing that such exception is subject to the subdivision provisions of Chapter 28 of the Miami-Dade County Code; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (ZONING) POSTPONED UNTIL AUGUST 24, 2021 10 H. First reading of proposed ordinance accepting the dedication of approximately 2,299 square feet of land abutting NW 102 Avenue to City of Hialeah for right-of-way purposes from FDG Countyline LLC, a Delaware Limited Liability Company pursuant to the Right-of-Way Deed attached hereto and made a part hereof as Exhibit “A”; and providing for an effective date. (ADMINISTRATION) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. REPORT: Motion to Approve Administrative Item 10 H made by Council Vice President Perez, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Member Cue- Fuente, Council Member De la Rosa and Council Member Zogby absent. REPORT: Second reading and public hearing is scheduled for August 24, 2021. 10 I. First reading of proposed ordinance accepting the dedication of approximately 8,905 square feet of land abutting NW 102 Avenue to City of Hialeah for right-of-way purposes from FDG BN Expansion LLC, a Delaware Limited Liability Company pursuant to the Right-of-Way Deed attached hereto and made a part hereof as Exhibit “A”; and providing for an effective date. (STREETS) APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. REPORT: Motion to Approve Administrative Item 10 I made by Council Vice President Perez, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Member Cue- Fuente, Council Member De la Rosa and Council Member Zogby absent. REPORT: Second reading and public hearing is scheduled for August 24, 2021. 8/11/2021 2:21 PM  11. BOARD APPOINTMENTS 12. UNFINISHED BUSINESS 13. NEW BUSINESS 14. ZONING PLANNING AND ZONING PZ 1. Second reading and public hearing of proposed ordinance rezoning property from AU and GU (Miami- Dade County Zoning Designations) to RH-CD (Mixed Use Multiple Family District); and Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a multifamily development, including 614 units on property located within a quarter mile radius of the Hialeah Heights Commercial Development District. Property located at 4030 West 88 Street and 10350 NW 142 Street (folio numbers 04-2020-001-0050, 04-2020-001-0061 and 04-2020-001-0060). 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 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. ORDINANCE NO. 2021-071 On July 13, 2021, the item was postponed until August 10, 2021. On June 22, 2021, the item was postponed until July 13, 2021, per the applicant’s request. The item was approved on first reading by the City Council on June 8, 2021. Second reading and public hearing was scheduled for June 22, 2021. Registered Lobbyist: Ceasar Mestre, 8105 NW 155 Street, Miami Lakes, Florida, on behalf of JVC Management Corp and Cornerland LLC. On May 26, 2021, the Planning and Zoning Board recommended the approval of the item with the following conditions: (1) build a concrete wall of 8 feet or taller along the west property line, (2) establish a continuous landscape buffer along the exterior side of the sidewalk on West 142nd Street and on NW 102nd Avenue, and (3) install pedestrian gates with a separation of no more than 165 feet between gates along the exterior perimeter of the site and (4) provide a traffic impact analysis 8/11/2021 2:21 PM  concurrent with the site plan review submittal. Planner’s Recommendation: Approve with conditions. Owners of the Property: JVC Management Corp., 10350 NW 142 Street, Hialeah, Florida 33018. Juan I. Gonzalez and Juan C. Gonzalez, 14450 NW 102 Avenue, Hialeah, Florida 33018. REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item PZ 1 made by Council Member Hernandez, and seconded by Council Vice President Perez. Motion passes 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. PZ 2. Second reading and public hearing of proposed ordinance rezoning property from GU (Miami-Dade County Zoning Designation) to RH-CD (Mixed Use Multiple Family District); and Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a multifamily development, including 303 units on property located within a quarter mile radius of the Hialeah Heights Commercial Development District. Property located at 4200 West 84 Street (folio number 04-2020-001-0080 and 04-2020-001-0100). 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 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. ORDINANCE NO. 2021-072 On July 13, 2021, the item was postponed until August 10, 2021. On June 22, 2021, the item was postponed until July 13, 2021, per the applicant’s request. The item was approved on first reading by the City Council on June 8, 2021. Second reading and public hearing was scheduled for June 22, 2021. Registered Lobbyist: Ceasar Mestre, 8105 NW 155 Street, Miami Lakes, Florida, on behalf of JVC Management Corp and Cornerland LLC. On May 26, 2021, the Planning and Zoning Board recommended the approval of the item with the following conditions: (1) build a concrete wall of 8 feet or taller along the west property line, (2) establish a continuous landscape buffer along the exterior side of the sidewalk on West 142nd Street, (3) install pedestrian gates with a separation of no more than 165 feet between gates along the south and north sides of the site and (4) provide a traffic impact analysis concurrent with the site plan review submittal. Planner’s Recommendation: Approval with conditions. Owners of the Property: Corner Lands LLC, P.O. Box 126370, Hialeah, Florida 33012. 8/11/2021 2:21 PM  Juan Carlos Gonzalez and Juan Ismael Gonzalez, 14450 NW 102 Avenue, Hialeah, Florida 33018. REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item PZ 2 made by Council Member Hernandez, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. PZ 3. Second reading and public hearing of proposed ordinance granting a variance permit to allow only residential uses where a mixed use is required; allow residential use on the ground floor, where residential uses are allowed above the ground level only; allow all residential units with an area of approximately 646 square feet, where area of 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; allow 5.66 feet front setback for the main building, 2.66 feet for balconies above the ground floor fronting Palm Avenue, allow front setback of 4.25 feet for the main building, and 1.25 feet for the balconies above the ground floor fronting East 46 Street, where 10 feet built-to-line are required; allow 38 parking spaces, where 67.5 parking spaces are required; allow 15.3% pervious area, where 30% is the minimum required; all contra to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.3(e)(1), 98-2189(16)a., and 98-205(b)(1). Property located at 4597-4599 Palm Avenue, Hialeah, zoned R-3-5 (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 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. ORDINANCE NO. 2021-073 The item was approved on first reading by the City Council on July 13, 2021. Second reading and public hearing was scheduled for August 10, 2021. On June 22, 2021, the City Council overturned the Recommendation of Denial by the Planning and Zoning Board. First reading is scheduled for July 13, 2021. On June 8, 2021, the City Council tabled the item until June 22, 2021. On May 25, 2021, the item was postponed, per the applicant’s request. Registered Lobbyist: Alejandro J. Arias, Esq., Holland & Knight, LLP, 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 On May 12, 2021, the Planning and Zoning Board recommended denial of the item. Planner’s Recommendation: Approve with conditions. Property Owner: Roberto C. Gonzalez, 4597-4599 Palm Avenue, Hialeah, Florida. REPORT: Marbelys Fatjo, City Clerk, administered the oath administered to all applicants 8/11/2021 2:21 PM  and/or anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item to Mr. Alejandro Arias. REPORT: Alejandro Arias, 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, addressed the City Council with a presentation, which is on file with the Office of the City Clerk. REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking during this portion of the meeting. REPORT: Motion to Approve Item PZ 3 made by Council Vice President Perez, and seconded by Council Member Garcia-Roves. Motion passes 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. PZ 4. Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP) to allow a K-12 Charter School with a maximum capacity of 2,950 students pursuant to Hialeah Code of Ordinances § 98-181; Property generally located at the southwest corner of East 32 Street and East 4 Avenue, Hialeah zoned HPD (Hialeah Park District). Repealing all ordinances of parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. ITEM IS POSTPONED UNTIL AUGUST 24, 2021 The item was approved on first reading by the City Council on July 13, 2021. Second reading and public hearing was scheduled for August 10, 2021. Registered Lobbyist: Javier L. Vazquez, 1450 Brickell Avenue, Suite 1900, Miami, Florida, 33131, on behalf of Mater Academy Inc. On June 23, 2021, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Bal Bay Realty LTD, 2200 East 4 Avenue, Hialeah, Florida 33013 PZ 5. First reading of proposed ordinance rezoning properties located at 821 and 831 SE 8 Avenue from R-1 (One-Family District) to B-1 (Highly Restricted Retail District) and property located at 820 SE 8 Court from R-1 (One-Family District) to P (Parking); granting a variance permit to allow a mixed development with 100% of the units having an area of approximately 650 square feet, where only 10% of the units may have an area of less than 850 square feet; allow interior south side setback of 0 feet and 5 feet interior rear setback, where 15 feet setback is required on property lines abutting low density residential; allow 40 parking spaces, where 70 are required and allow 15% pervious area, where 30% is required. Properties located at 821 and 831 SE 8 Avenue and 820 SE 8 Court, Hialeah, zoned R-1 (One- Family District).; all contra to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.3(e)(2), 98- 2189(16)a. and 98-2056(b)(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. APPROVED 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. 8/11/2021 2:21 PM  On July 13, 2021, the item was postponed until August 10, 2021. Registered Lobbyists: Hugo P. Arza, Esq. and Alejandro J. Arias, Esq., Holland & Knight, LLP, 701 Brickell Avenue, Suite 3300, Miami, Florida 33131 on behalf of SJM Hialeah 8th Avenue, LLC. On May 12, 2021, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Victor & Yarelys Marquez, 821 SE 8th Avenue, 831 SE 8th Avenue & 820 SE 8th Court, Hialeah, Florida. REPORT: Marbelys Fatjo, City Clerk, 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, Suite 3300, Miami, Florida 33131, addressed the City Council with a presentation, which is on file with the Office of the City Clerk. REPORT: Debora Storch, Zoning Official of the City of Hialeah, addressed the City of Hialeah Council. REPORT: Motion to Approve Item PZ 5 made by Council Member Garcia-Roves, and seconded by Council Member Hernandez. Motion passes 4-0-3 with Council Member Cue-Fuente, Council Member De la Rosa and Council Member Zogby absent. REPORT: Second reading and public hearing is scheduled for August 24, 2021. 15. LAND USE LU 1. Proposed resolution expressing its intent to approve the modification of the Declaration of Restrictions proffered in connection with an application for a text amendment to Policy 1.1.1 – of the City of Hialeah Future Land Use Element of the City of Hialeah Comprehensive Plan, as recorded on August 23, 2018, in Official Records Book 31111, Page 3042 of the Public Records of Miami-Dade County, Florida; amending Provision No. 3 – “Conceptual Site Plan”, and Exhibits “A” and “B”, as referenced therein. ITEM POSTPONED UNTIL AUGUST 24, 2021 REPORT: Council President Tundidor adjourned the meeting at 8:28 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, August 24, 2021 at 6:30 p.m. NEXT CITY COUNCIL MEETING: Tuesday, August 24, 2021 at 7:00 p.m. FIRST BUDGET HEARING: Wednesday, September 15, 2021 at 7:00 p.m. 8/11/2021 2:21 PM 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). 8/11/2021 2:21 PM