City Council

Esteban Bovo, Jr. Council Members in7 Mayor Bryan Calvo OMB 0 Oscar De la Rosa Carl Zogby Jacqueline Garcia-Roves President Luis Rodriguez Jesus Tundidor Monica Perez Vice President City Council Meeting Minutes November 23, 2021 7:00 p.m. ____________________________________________________ 1. CALL TO ORDER A. REPORT: Council President Zogby called the meeting to order at 7:02 p.m. 2. ROLL CALL A. REPORT: Brigette Leal, Office Coordinator of the Office of the City Clerk, called the roll with the following Council Members present: 1. Council President Zogby 2. Council Vice President Perez 3. Council Member Calvo 4. Council Member De la Rosa (arrived at 7:28 p.m.) 5. Council Member Garcia-Roves 6. Council Member Rodriguez 7. Council Member Tundidor (arrived at 7:04 p.m.) B. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 2. Lorena Bravo, City Attorney, was present. 3. INVOCATION A. REPORT: Brigette Leal, Office of the City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE 5/11/2022 3:28 PM  A. REPORT: Council President Zogby 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: Brigette Leal, Office Coordinator of the Office of the City Clerk, read the meeting guidelines. 6. PRESENTATIONS REPORT: None. 5/11/2022 3:28 PM  7. COMMENTS AND QUESTIONS A. REPORT: The Office of the City Clerk did not receive any email message to be read into the record from a person 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: One (1) individual 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 Consent Item O. D. REPORT: One (1) person participating in the meeting via Zoom expressed interest in making comments or posing questions on matters of public concern during this portion of the meeting: • (1) Eric Johnson, Local 1102, thanked the Mayor and City Council for the food drives for thanksgiving, and announced the passing of retired fire fighter Ricardo Torres, retired District Chief Greg Bushar and Captain Willy Williams. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  The following items have been added to the agenda and a copy of the items is available on the dais for the City Council’s review: o Consent Item N o Consent Item O  The following items are postponed until the City Council Meeting of December 14, 2021, due to the need of the publication of an ad pursuant to state law: o FD 1 o FD 2 o FD 3 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 5/11/2022 3:28 PM  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 President Zogby requested separate discussion on Consent Item K. REPORT: Motion to Approve the Consent Agenda, except Consent Item K, made by Council Member Garcia-Roves and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member De la Rosa absent. A. Request permission to approve the minutes of the City Council Meeting held on November 9, 2021. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member De la Rosa absent. B. Request permission to award Hialeah Invitation to Bid No. 2020/21-3230-00-029 – Milander Center Exterior Rooftop Terrace & Stairs-Selective Demolition and Tilework, to D’Elite Floors of Miami, Inc., lowest responsive and responsible bidder, in the amount of $174,997.00, and further request a ten percent contingency in the amount of $17,500.00 to cover the cost of any unforeseen issues that may arise during the performance of the work, for a total cumulative expense amount not to exceed $192,497.00. The funding for this expenditure is to be withdrawn from the General Fund – Milander Center Capital Outlay- Building Account No. 001.3140.574.620 after a transfer for $192,497.00 from the General Fund – General Government Capital Outlay - Building Account No. 001.8500.519.620. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member De la Rosa absent. C. Request permission to award Hialeah Invitation to Bid No. 2020/21-3230-00-028 – Milander Center Exterior Rooftop Terrace & Stairs - Waterproofing, to Florida Lemark Corporation, lowest responsive and responsible bidder, in the amount of $105,092.90, and further request a ten percent contingency in the amount of $10,509.29 to cover the cost of any unforeseen issues that may arise during the performance of the work, for a total cumulative expense amount not to exceed $115,602.19. The funding for this expenditure is to be withdrawn from the General Fund – Milander Center Capital Outlay - Building Account No. 001.3140.574.620 after a transfer for $115,603.00 from the General Fund – General Government Capital Outlay - Equipment Account No. 001.8500.519.640. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member De la Rosa absent. D. Request permission to pay the City’s annual membership dues for the period of October 1, 2021 through September 30, 2022, to the Miami-Dade League of Cities, Inc., for the benefits provided to the City, including legislative advocacy and updates, legal advice, access to the countywide newsletter and educational webinars, in a total cumulative amount not to exceed $15,000.00. The funding for this expenditure is to be withdrawn from the General Fund - Municipal Dues Account No. 001.8500.519.495. (OFFICE OF THE MAYOR) APPROVED 6-0-1 with Council Member De la Rosa absent. 5/11/2022 3:28 PM E. Request permission for approval to pay the annual City of Hialeah membership dues for 2021 – 2022, to the Florida League of Cities, Inc., for providing a variety of benefits to the City, including legislative advocacy and updates, bond services, legal advice, access to the statewide newsletter, and educational webinars, in a total cumulative amount not to exceed $34,571.00. The funding for this expenditure is to be withdrawn from the General Fund - Municipal Dues Account No. 001.8500.519.495. (OFFICE OF THE MAYOR) APPROVED 6-0-1 with Council Member De la Rosa absent. F. Proposed resolution approving a specific appropriation pursuant to Hialeah, Fla. Charter Section 3.08(d) in the amount of $192,497.00 from the General Fund General Government Capital Outlay-Building Account No. 001.8500.519.620 to General Fund Milander Center Capital Outlay Building Account No. 001.3140.572.620 to fund the Milander Center Exterior Rooftop Terrace and Stairs-Selective Demolition & Tilework pursuant to Invitation to Bid No: 2020-21-3230-00-029; and providing for an effective date. (OFFICE OF MANAGEMENT AND BUDGET) (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member De la Rosa absent. RESOLUTION NO. 2021-161 G. Proposed resolution approving a specific appropriation pursuant to Hialeah, Fla. Charter Section 3.08(d) in the amount of $115,603.00 from the General Fund General Government Capital Outlay Equipment Account No. 001.8500.519.640 to the General Fund Milander Center Capital Outlay Building Account No. 001.3140.572.620 to fund the Milander Center Exterior Rooftop Terrace and Stairs – Waterproofing pursuant to Invitation to Bid No: 2020-21-3230-00-028; and providing for an effective date. (OFFICE OF MANAGEMENT OF BUDGET) (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member De la Rosa absent. RESOLUTION NO. 2021-162 H. Request from Samurai Fireworks LLC, located at 7950 Northwest 53rd Street, Suite 337, Miami, Florida, for permission to install a seasonal tent for the sale of fireworks at 2122 West 62 Street, Hialeah, Florida, with set- up taking place on Wednesday, December 15, 2021, and sales commencing on Saturday, December 18, 2021 and ending on Friday, December 31, 2021, and the take down of the tent to occur on Sunday, January 2, 2022, subject to the requirements of the Fire Department. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member De la Rosa absent. I. Request from ABC Promotions Unlimited, Inc., located at 940 South Military Trail, West Palm Beach, Florida 33415, to install a seasonal tent for the sale of Christmas trees and fireworks, as well as for a permit for said sales, to benefit Best Buddies of South Florida, at 1700 West 49th Street, Hialeah, Florida in the parking lot directly south of Fresco y Mas on the northwest corner of West 16th Avenue and West 46th Street, with set-up taking place on Wednesday, November 24, 2021 and take down on Sunday, January 2, 2022, with the sale of Christmas trees commencing on Thursday, November 25, 2021 and ending on Monday, December 20, 2021, 5/11/2022 3:28 PM  and with the sale of fireworks commencing on Monday, December 20, 2021 and ending on Friday, December 31, 2021, in accordance with recommendations from the Fire Department. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member De la Rosa absent. J. Proposed resolution authoring the Mayor and the City Clerk, as attesting witness, on behalf of the City to enter into an agreement with Sun City Strategies, LLC., for a term of two years to provide government representation to the City by providing information and advocacy on issues identified in its State and Federal Legislative Agenda in order to assist in the advancement of the City’s mission and public policy goals, in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit “1”; and providing for an effective date. Expenditure to be funded from General Fund, General Government, Professional Services Account Number 001.8500.519.310. (OFFICE OF THE MAYOR) APPROVED 6-0-1 with Council Member De la Rosa absent. RESOLUTION NO. 2021-163 K. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to enter into a Professional Services Agreement with Jorge Colina Group, LLC, a Florida Limited Liability Company, to perform executive search and consulting services to fill the vacancy in the Office of the Police Chief and to perform an operational audit of the Hialeah Police Department in the total sum of $67,400.00, in substantial form with “Exhibit 1” attached and made a part of this resolution. Expenditure to be funded from General Fund, Police, Regular Salaries Account Number 001.1000.521.120. (OFFICE OF THE MAYOR) APPROVED 7-0 RESOLUTION NO. 2021-164 REPORT: Jorge Colina, with a home address that is exempt from public disclosure per state law, addressed the City Council on behalf of Jorge Colina Group, LLC. REPORT: Mayor Bovo spoke on this item. REPORT: Orlando Aguilera, with a home address that is exempt from public disclosure per state law, addressed the City Council on behalf of Jorge Colina Group, LLC. REPORT: Motion to Approve Consent Item K made by Council Vice President Perez, and seconded by Council Member Tundidor. Motion passes 7-0. L. Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to enter into an Interlocal Agreement with Hialeah Housing Authority for grant administration services in connection with the operations of the City’s Grant and Human Services Department for a term of four months commencing on November 15, 2021 and ending on or about March 15, 2022 for a monthly sum of $15,000.00, 5/11/2022 3:28 PM  in substantial form with “Exhibit 1” attached and made a part of this resolution. Expenditure to be funded from CDBG, Grants and Human Services, Administration Account Number 103.8325.513.300. (OFFICE OF THE MAYOR) APPROVED 6-0-1 with Council Member De la Rosa absent. RESOLUTION NO. 2021-165 M. Proposed resolution approving an agreement with Becker & Poliakoff, P.A. to assist the City in identifying and securing federal resources, in an amount not to exceed $50,000.00, for a term commencing on October 1, 2021 and ending on September 30, 2022; and authorizing the Mayor or his designee and the City Clerk, as attesting witness on behalf of the City, to execute the Consulting Agreement attached hereto in substantial form, and made a part hereof as Exhibit “1”, and providing an effective date. Expenditure to be funded from General Fund, General Government, Professional Services Account Number 001.8500.519.310. (OFFICE OF THE MAYOR) APPROVED 6-0-1 with Council Member De la Rosa absent. RESOLUTION NO. 2021-166 N. ADD-ON ITEM: Request from Red Nose Entertainment Corp., located at 3619 Northwest 101st Street, Miami, Florida, for a special events permit to host a circus with no animals, as well as permission to install a tent, with the event scheduled to take place from Sunday, December 5, 2021 through Sunday, January 2, 2022, at the parking lot of Westland Mall located at 1675 West 49th Street, Hialeah, Florida, in accordance with the recommendations from the Hialeah Fire Department. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member De la Rosa absent. O. ADD-ON ITEM: Request from Insomniac, located at 4800 Northwest 37th Avenue, for a permit to host a music concert, at 4800 Northwest 37th Avenue, with set up taking place on Monday, November 29, 2021, and the event beginning on Wednesday, December 1, 2021 at 5:00 p.m. through Monday, December 6, 2021 at 5:00 a.m., and take down from Wednesday, December 8, 2021 through Thursday, December 9, 2021, in accordance with the recommendations of the Hialeah Fire Department and the Hialeah Police Department. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member De la Rosa absent. P. Proposed RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF HIALEAH AND MOTOROLA FOR THE PURCHASE OF HARDWARE, SOFTWARE AND INSTALLATION SERVICES FOR VIGILANT AUTOMATIC LICENSE PLATE READERS, APPROVED BY HIALEAH, FLORIDA RESOLUTION 2020-052 (APRIL 28, 2020), IN AN AMOUNT NOT TO EXCEED $967,671.02, BASED ON A COMPETITIVE BID PRICE AND UPON MATERIAL 5/11/2022 3:28 PM  TERMS AND CONDITIONS SUBSTANTIALLY SIMILAR TO BROWARD COUNTY SHERIFF’S OFFICE SOLICITATION BID NO. 19053JLS; AUTHORIZING THE MAYOR AND THE CITY CLERK, AS ATTESTING WITNESS ON BEHALF OF THE CITY, TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT, ATTACHED HERETO IN SUBSTANTIAL FORM AND MADE A PART HEREOF AS ATTACHMENT“1”; AND PROVIDING FOR AN EFFECTIVE DATE. 10. ADMINISTRATIVE ITEMS 10 A. Second reading and public hearing of proposed ordinance approving a Wireless Site Lease Agreement between the City of Hialeah, Florida and T-Mobile South LLC for Bright Park, 750 East 35 Street, Hialeah, Florida, and further authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to enter into a Wireless Site Lease Agreement with T-Mobile South LLC, a copy of which is attached as Exhibit “1” with annual rent commencing at $60,000.00, plus other payments including reimbursement of attorney’s fees as provided therein; and acknowledging and accepting the terms provided in the letter dated October 28, 2021, from Crown Castle, the existing tenant and owner of the 100 foot tower, and appurtenances, which are being transferred to T-Mobile, a copy of which is attached as Exhibit “2”; repealing all ordinances or parts of ordinance in conflict herewith; providing for a severability clause; and providing for an effective date. (ADMINISTRATION) APPROVED 7-0 ORDINANCE NO. 2021-137 REPORT: Council President Zogby 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: Lorena Bravo, City Attorney, spoke on this item. REPORT: Motion to Approve Administrative Item 10 A made by Council Vice President Perez, and seconded by Council Member De la Rosa. Motion passes 7-0. On November 9, 2021, the City Council approved the item on first reading. Second reading and public hearing is scheduled for November 23, 2021. 10 B. Second reading and public hearing of proposed ordinance amending Hialeah, Fla. Ordinance 2020-051 (September 28, 2020) adopting the Operating Budget for fiscal year 2020-2021 to approve and ratify an increase to the budget in the amount of $1,343,356; to approve and ratify the transfer of all unencumbered appropriation balances, supplemental appropriations, and expenditures of same, for a new year-end Operating Budget in the total amount of $162,802,793; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (OFFICE OF MANAGEMENT AND BUDGET) APPROVED 7-0 5/11/2022 3:28 PM  ORDINANCE NO. 2021-138 REPORT: Council President Zogby 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: Eric Johnson, Local 1102, with a home address that is exempt per state law, congratulated the Office of Management and Budget and Armando Vidal, Director of Public Works, on the budget. REPORT: Motion to Approve Administrative Item 10 B made by Council Member Garcia-Roves, and seconded by Council Vice President Perez. Motion passes 7-0. On November 9, 2021, the City Council approved the item on first reading. Second reading and public hearing is scheduled for November 23, 2021. On October 26, 2021, the City Council tabled the item until the City Council Meeting of November 9, 2021. 11. BOARD APPOINTMENTS REPORT: None. 12. UNFINISHED BUSINESS A. ITEM FOR DISCUSSION: Proposed ordinance amending the Hialeah Code of Ordinances Chapter 90, entitled “Vehicles 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. (POLICE DEPARTMENT) NO ACTION REPORT: Mayor Bovo withdrew the item and stated he will work with the Law Department on an amended ordinance on the subject. On November 9, 2021, the item was postponed by the administration until the City Council Meeting of November 23, 2021. On October 26, 2021 the item was postponed by the administration until the City Council Meeting of November 9, 2021. On August 10, 2021, the item was postponed by the administration until further notice. On July 13, 2021, the second reading and public hearing of the item was postponed until August 10, 2021. 5/11/2022 3:28 PM  On June 22, 2021, the City Council approved the item on first reading. Second reading and public hearing was scheduled for July 13, 2021. 13. NEW BUSINESS  Council Member De la Rosa congratulated the new Council Members on their first meeting, and discussed the need for an archive system for City Council Meeting agendas, as well as the recordings of the meetings on the City’s website. REPORT: Council President Zogby called a recess at 7:53 p.m. REPORT: Council President Zogby called the meeting to order at 8:00 p.m. 14. ZONING Administration of Oath to all applicants and anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item REPORT: All were duly sworn in. PLANNING AND ZONING PZ 1. Second reading and public hearing of proposed ordinance rezoning property from R-1 (One- Family District) to R-3-3 (Multiple-Family District); granting a variance permit to allow two residential (40%) units with floor area of 709 square feet and two residential units (40%) with floor area of 680 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; contra to Hialeah Code of Ordinances §98-1630.2. Property located at 410 East 47 Street and 4655 East 4 Avenue, Hialeah, zoned R-1 (One-Family District), within Area 2 of the Neighborhood Business District Overlay. 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 ORDINANCE NO. 2021-139 REPORT: Council President Zogby 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: Ceasar Mestre, Esq., addressed the City Council via Zoom. 5/11/2022 3:28 PM  REPORT: Motion to Approve Item PZ 1 made by Council Member Tundidor, and seconded by Council Garcia-Roves. Motion passes 7-0. On November 9, 2021, the City Council approved the item on first reading. Second reading and public hearing is scheduled for November 23, 2021. On October 27, 2021, the Planning and Zoning Board recommended approval of the item. Registered Lobbyist: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of Garcia Garcia Associates Inc. Planner’s Recommendation: Approval Property Owner: Garcia Garcia Associates Inc. and Edward Garcia, 6163 Miami Lakes Drive, Miami Lakes, Florida 33014. PZ 2. Second reading and public hearing of proposed ordinance granting a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) Overlay pursuant to Hialeah Code of Ordinances §98-1630.8; and granting a variance permit to allow 24 units (86%) with floor areas ranging from 695 square feet to 729 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; allow 46 parking spaces, where 67 parking spaces are required; all contra to Hialeah Code of Ordinances §§98-1630.2 and 98-2189(16)a. and b. Property located at 167 West 23 Street and 187 West 24 Street, Hialeah, Florida, zoned M-1 (Industrial District). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-1-0 with Council Member Calvo voting “No”. ORDINANCE NO. 2021-140 REPORT: Council President Zogby 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: Debora Storch, Planning Official of the City of Hialeah, addressed the City Council via Zoom. REPORT: Motion to Approve Item PZ 2 made by Council Member De la Rosa, and seconded by Council Garcia-Roves. Motion passes 6-1-0 with Council Member Calvo voting “No”. On November 9, 2021, the City Council approved the item on first reading. Second reading and public hearing is scheduled for November 23, 2021. On October 27, 2021, the Planning and Zoning Board recommended approval of the item. Registered Lobbyist: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of J & Y Investment Corp. 5/11/2022 3:28 PM  Planner’s Recommendation: Approval Property Owner: Jorge Acevedo and Yenin Acevedo, 4901 SW 87th Avenue, Miami, Florida 33165. PZ 3. First reading of proposed ordinance granting a variance permit to allow single commercial use, where mixed commercial/residential use is required; allow 2 feet front set setback for access ramp and decorative canopy on the second floor encroaching into the front setback; and allow 3 parking spaces, where 7 parking spaces are required, all contra to the Hialeah Code of Ordinances §§ 98- 877, 98-881(1)a., and 98-2189(4)(c). Property located at 402 East 13 Street, Hialeah, zoned CR (Commercial-Residential 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 REPORT: Debora Storch, Planning Official of the City of Hialeah, addressed the City Council via Zoom. REPORT: Motion to Approve Item PZ 3 made by Council Member Rodriguez, and seconded by Council Vice President Perez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for December 14, 2021. On November 10, 2021 the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval Property Owner: San Lazaro Investments, LLC, 3506 East 23 Street, Alva, Florida 33920 PZ 4. First reading of proposed ordinance granting a variance permit to allow 2.83 feet rear setback, where 15 feet are required for the legalization of an existing addition; all contra to Hialeah Code of Ordinances §§ 98-1117 and 98-1071. Property located at 5999 West 16 Avenue, Hialeah, zoned C-2 (Liberal Retail 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 5/11/2022 3:28 PM  REPORT: Manny Reus addressed the City Council. REPORT: Motion to Approve Item PZ 4 made by Council Member Tundidor, and seconded by Council Member De la Rosa. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for December 14, 2021. On November 10, 2021 the Planning and Zoning Board recommended approval of the item. Registered Lobbyist: Manny Reus (architect), 18501 Pines Blvd, Suite 342, Pembroke Pines, Florida 33029, on behalf of Graziano’s Carulceria. Planner’s Recommendation: Approval Property Owner: San Rocco Investment Corp., 7767 NW 146th Street, Miami, Florida 33016 PZ 5. First reading of proposed ordinance granting a variance permit to allow rear setback of 13.5 feet, where 45 feet are required; allow street side setback of 9.99 feet, where 10 feet are required; allow 7.95 feet setback for the dumpster enclosure, where 10 feet are required; allow 5 parking spaces, where 7 parking spaces are required; allow the parking lot on the south side of the building and allow an accessible parking space to be located at the front of the building where parking shall be located in the rear of the property; and incorporate into the application a Site Plan prepared by Carlos Pizarro, Registered Architect; all contra to Hialeah Code of Ordinances §§ 98-781(2) and (4), 78-108(c)(1), 98-782 and 98-2189(7). Property located at 4890 West 2 Lane, Hialeah, zoned RO (Residential Office). 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 REPORT: Motion to Approve Item PZ 5 made by Council Member Rodriguez, and seconded by Council Member Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for December 14, 2021. On November 10, 2021 the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval Property Owner: V&L Investment Group, 5605 NW 82 Avenue, Doral, Florida 33166. PZ 6. First reading of proposed ordinance granting a variance permit to allow a Temporary Waiver of Plat provided that the property will be platted within 18 months of the approval of this ordinance. Property located at 14450 NW 102 Avenue and 8870 West 40 Street, Hialeah, zoned MH (Industrial 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. 5/11/2022 3:28 PM  APPROVED 7-0 REPORT: Ceasar Mestre, Esq., addressed the City Council via Zoom with a power point presentation for items PZ 6 and PZ 7. REPORT: Debora Storch, Planning Official of the City of Hialeah, addressed the City Council via Zoom. REPORT: Motion to Approve Item PZ 6 made by Council Member De la Rosa, and seconded by Council Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for December 14, 2021. On November 10, 2021 the Planning and Zoning Board recommended approval of the item. Registered Lobbyist: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of Gonzalez & Sons Equipment Inc. Planner’s Recommendation: Approval Property Owner: GulfStream Engineering Company, 14450 NW 102 Avenue, Hialeah, Florida 33018. Gonzalez Property Investments LTD, P.O Box 126370 Hialeah, Florida 33012. Juan Carlos Gonzalez, 14450 NW 102 Avenue, Hialeah, Florida 33018. PZ 7. First reading of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow a private gas and diesel dispensing station to serve the fleet of a General Contractor’s facility, where gas dispensing facilities are not an allowed use in the MH (Industrial District) zoning district. Properties located at 14450 NW 102 Avenue and 8870 W 40 Street, Hialeah, zoned MH (Industrial 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 REPORT: Motion to Approve Item PZ 7 made by Council Member De la Rosa, and seconded by Council Rodriguez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for December 14, 2021. On November 10, 2021 the Planning and Zoning Board recommended approval of the item. Registered Lobbyist: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of Gonzalez & Sons Equipment Inc. Planner’s Recommendation: Approval 5/11/2022 3:28 PM  Property Owner: Gulfstream Engineering Company, 14450 NW 102 Avenue, Hialeah, Florida 33018. Gonzalez Property Investments LTD, P.O Box 126370 Hialeah, Florida 33012. Juan Carlos Gonzalez, 14450 NW 102 Avenue, Hialeah, Florida 33018. 15. FINAL DECISIONS FD 1. Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2021-20 that granted an adjustment on the property located at 5561 West 9th Avenue, zoned R-1 (One-Family District); and providing for an effective date. POSTPONED UNTIL DECEMBER 14, 2021. On October 27, 2021, the Planning and Zoning Board recommended approval of the item with the condition that the not permitted additions referenced in the report be legalized within 180 days. Planner’s Recommendation: Approve with conditions. Property Owner: Rosario Soda, 5561 West 9th Avenue, Hialeah, Florida 33012. FD 2. Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2021-21 that granted an adjustment on the property located at 109 East 48th Street, zoned R-1 (One- Family District); and providing for an effective date. POSTPONED UNTIL DECEMBER 14, 2021. On October 27, 2021, the Planning and Zoning Board recommended approval of the item with the condition that the use of the garage is maintained as a garage, and that the 257 square feet structure remains open on its west and south sides. Planner’s Recommendation: Approve with conditions. Property Owner: Lian Garlobo Diaz, 109 East 48th Street, Hialeah, Florida 33013. FD 3. Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2021-22 that granted an adjustment on the property located at 3321 West 2nd Avenue, zoned R-1 (One-Family District); and providing for an effective date. 5/11/2022 3:28 PM  POSTPONED UNTIL DECEMBER 14, 2021. On October 27, 2021, the Planning and Zoning Board recommended approval of the item with the condition that the terrace remains open on three sides. Planner’s Recommendation: Approve with conditions. Property Owner: Jose F. Vargas & Liliana Vargas Mesa, 3321 West 2nd Avenue, Hialeah, Florida 33012. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, December 14, 2021 at 6:30 p.m. NEXT CITY COUNCIL MEETING: Tuesday, December 14, 2021 at 7:00 p.m. REPORT: Council President Zogby adjourned the meeting at 8:28 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). 5/11/2022 3:28 PM