City Council

Esteban Bovo, Jr. Council Members Mayor Bryan Calvo Angelica Pacheco Jesus Tundidor Monica Perez President Luis Rodriguez Carl Zogby Jacqueline Garcia-Roves Vice President City Council Meeting Agenda April 9, 2024 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION A. The invocation is to be led by Marbelys Fatjo, City Clerk. 4. PLEDGE OF ALLEGIANCE A. The Pledge of Allegiance is to be led by Council Vice President Garcia-Roves. 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 4/5/2024 4:14 PM  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 YouTube page (www.youtube.com/cityofhialeahgov ).  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. 6. PRESENTATIONS A. Mayor Bovo and the City of Hialeah Council Members proclaim April 9, 2024 as Life Bridge Organization and Founder Maria Lorena Nicieza Day in Hialeah, for their commitment to children with neurodivergent diversities, including Autism. (COUNCIL MEMBER PEREZ) B. Mayor Bovo and the City of Hialeah Council Members proclaim April 9, 2024 as Bryan’s Art Foundation and Founder Roxana Corcuera Day in Hialeah, for empowering students with diverse talents and needs by providing them with opportunities to express their creativity. (COUNCIL MEMBER PEREZ) C. Mayor Bovo and the City of Hialeah Council Members proclaim April 9, 2024 as Success at Work Foundation and Founder Mayra Sanabria Day in Hialeah, for their commitment to individuals with diverse needs. D. Illumination of City Hall in the color blue for Autism Awareness. 4/5/2024 4:14 PM  (COUNCIL MEMBER PEREZ) E. Mayor Bovo and the City of Hialeah Council Members proclaim March 26, 2024 Pedro Roman Day in Hialeah, in honor of Pedro Roman, a leading figure in Cuban culture. (COUCIL MEMBER PACHECO) 7. COMMENTS AND QUESTIONS 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA 9. BOARD APPOINTMENTS 9A. RESOLUTION: Proposed resolution appointing Maria-Gabriela Fraga to the Youth Advisory Committee for a two (2)-year term beginning on April 10, 2024 and ending on April 9, 2026. (MAYOR) 10. CONSENT AGENDA All items listed u n d e r C o n s e n t A g e n d a 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. A. Request permission to approve the minutes of the City Council Meeting held on March 26, 2024 at 7:00 p.m. (OFFICE OF THE CITY CLERK) B. Request permission to issue a Special Events Permit to Friends of South Florida Autism, located at 3751 West 108th Street, Hialeah, Florida, to host an annual walk and safety fair, expecting approximately 300 to 400 attendees, on Saturday, April 20, 2024, from 10:00 a.m. to 2:00 p.m., in accordance with the requirements of the Hialeah Fire Department, the Hialeah Police Department, and the Risk Management Department. (OFFICE OF THE CITY CLERK) C. RESOLUTION: Proposed resolution accepting the response for Request for Qualification (RFQ) 4/5/2024 4:14 PM  2023-24-8325-00-002 for state and federal technical assistance consultant; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Civitas Community Development, LLC in an amount not to exceed $75,000.00 with an initial term of one (1) year with an option to renew for two (2) additional one (1) year terms for a total of three (3) years for state and federal assistance, and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) D. RESOLUTION: Proposed resolution authorizing the Mayor or his designee, on behalf of the City to increase Purchase Order # 2024-903 issued for Civitas Community Development, LLC for the payment of services rendered through April 30, 2024, approving the purchase order in an amount not to exceed $50,000.00 and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) E. RESOLUTION: Proposed resolution approving a piggyback on Agreement No. 44000000- NASPO-19-ACS NASPO Value Point Copiers and Managed Print Services with DEX Imaging, LLC, to purchase an HP Pagewide XL 4200 40-in multifunction printer and accessories for the Building Department; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order in the amount not to exceed $30,256.00, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”; and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) F. RESOLUTION: Proposed resolution approving a piggyback contract on Contract # 5179 by the City of Tallahassee with Alan Jay Automotive Management, Inc., d/b/a Alan Jay Fleet Sales, and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Alan Jay Automotive Management, Inc., d/b/a Alan Jay Fleet Sales, in the amount not to exceed $948,040.00, for the purchase of twenty Ford Interceptor Utility Vehicles and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (POLICE DEPARTMENT) G. RESOLUTION: Proposed resolution approving a piggyback contract on Contract # 020221- CAW by Sourcewell, a State of Minnesota agency, with CalAmp Wireless Networks Corporation for fleet management technologies with related software solutions, and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Synovia Solutions, in the amount not to exceed $87,824.16, for the rental of GPS tracking devices and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (POLICE DEPARTMENT) H. RESOLUTION: Proposed resolution supporting the development of the Hia-Line; a proposal aimed to bring life to 5,000 linear feet of underutilized space beneath the Metro-Rail Line in Hialeah between NW 37th Avenue and East 4th Avenue; providing instructions to the City Clerk; and providing for an effective date. 4/5/2024 4:14 PM  (PLANNING AND ZONING) 11. ADMINISTRATIVE ITEMS 11A. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 2 entitled “Administration,” Article II “Departments, Offices and Divisions,” Division 12 “Education and Community Services Department,” and Division 13 “Parks and Recreation Department” of the Code of Ordinances of the City of Hialeah, specifically by renaming the Department of Parks and Recreation to the Department of Parks and Community Engagement with three divisions: (1) Parks and Recreation, (2) Education and Community Services and (3) Special Events; providing for the duties of the director; providing for a severability clause; repealing all ordinances in conflict herewith; providing for inclusion in the Code; and providing for an effective date. (ADMINISTRATION) On March 26, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for April 9, 2024. 11B. ORDINANCE: First reading of proposed ordinance amending Chapter 30 (entitled “Elected Officials”) of the Code of Ordinances, and in particular Article II (entitled “Public Meetings”) to enact a new Section 30-32 entitled “Times and Dates of Regular City Council Meetings” to provide that all regular meetings of the City Council shall commence no earlier than 5:30 p.m. and be held on the second and fourth Tuesday of each month; repealing all ordinances or parts of ordinances herewith; providing penalties for violations hereof; providing for inclusion in the code; providing a severability clause; and providing for an effective date. (SPONSOR: COUNCIL MEMBER PEREZ) 12. UNFINISHED BUSINESS 13. NEW BUSINESS 14. LANDUSE LU 1. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Office and Professional Services. Property located at 715 East 26 Street, Hialeah, zoned R-1 (One-Family District) and legally described herein; 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. 4/5/2024 4:14 PM  On March 26, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for April 9, 2024. Registered Lobbyist: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of A&J Prop 2 LLC. On March 13, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: A&J Prop 2 LLC, 4337 East 11th Avenue, Hialeah, Florida 33013. LU 2. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Residential Office to Office and Professional Services. Property located at 3499 West 4 Avenue, Hialeah, zoned RO (Residential Office District) and legally described herein; 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. On March 26, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for April 9, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Elsa LLC. On March 13, 2024, the Planning and Zoning Board recommended approval with the condition that the applicant is to maintain the current use of the property as a medical center. Planner’s Recommendation: Approval. Property Owner: Elsa LLC, Cristina Sori, and Jorge Luis Sosa, 3499 West 4th Avenue, Hialeah, Florida 33012. LU 3. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Medium-Density Residential; property located at 4935 East 8th Avenue, zoned R-2 (One-and Two-Family Residential District) and legally described herein; 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. Registered Lobbyist: Felix Lasarte, 3250 Northeast Lane, Suite 334, Miami, Florida on behalf of Elena Lapica. On March 27, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owners: Elena Lapica, Magaly Cueto, and Carmen Carroduegas, 670 West 53rd Terrace, Hialeah, Florida 33012. 4/5/2024 4:14 PM  15. ZONING PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from R-1 (One-Family District) to OPS (Office and Professional Services District); granting a Variance Permit to allow an interior west side setback of 2 inches, where 5 feet 1 inch is the minimum required; and 18% previous area, where 30% is the minimum required, in contract to Hialeah Code of Ordinances §98-1026(3) and (5); property located at 715 East 26 Street, Hialeah, zoned R-1 (One-Family District) and legally described herein; repealing all ordinances or parts of ordinances herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On March 26, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for April 9, 2024. Registered Lobbyist: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of A&J Prop 2 LLC. On March 13, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) that the landscaping and irrigation plans are required to meet the City’s landscaping manual, (2) Undergrounding of utility lines at the time of construction, (3) as part of the site plan, approval, and clearance letters from all utility companies having rights over the rear easement, (4) the building shall provide finishes as to materials and colors according to the renderings and/or color palettes submitted along this application. Planner’s Recommendation: Approval of the rezoning and approval of the variances with the conditions stipulated. Property Owner: A&J Prop 2 LLC, 4337 East 11th Avenue, Hialeah, Florida 33013. PZ 2. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances §98-181 to allow an Assisted Living Facility (ALF) with 87 beds (existing ALF since 1985); and a Variance Permit to allow 7 parking spaces, where 29 parking spaces are required, in contrast to Hialeah Code of Ordinances §98- 2189(21). Property located at 68 West 7 Street, Hialeah, zoned R-3-D (Multifamily District) and legally described herein; 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. On March 26, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for April 9, 2024. On March 13, 2024, the Planning and Zoning Board recommended approval with the condition that the applicant shall record a Declaration of Restriction and Landscaping Re- 4/5/2024 4:14 PM  Certification. Planner’s Recommendation: Approval subject to the condition that the applicant record a Declaration of Restriction and landscaping recertification. Property Owner: Odalys Bello and Niulka Suriel, 68 West 7th Street, Hialeah, Florida 33010. PZ 3. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-1 grade elementary school with a maximum capacity of 24 students in conjunction with a 72 children daycare; granting a Variance Permit to allow 35 parking spaces, where 42 parking spaces are required; in contrast to Hialeah Code of Ordinances §98-2189(9); property located at 2863 West 2 Avenue, Hialeah, zoned C- 2 (Liberal Retail Commercial District) and legally described herein; 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. Registered Lobbyist: Waldo O’Famil, 4044 Merdian Avenue, Miami Beach, on behalf of Andres Rico. On March 27, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) the satellite parking agreement is secured at all times and that the school may remain in operation only if the satellite parking facility or an alternate are viable, (2) Staff shall park at all times at the proposed satellite parking site, (3) 24 maximum number of students in Kindergarten and First Grade and a maximum of 72 children daycare, (4) Obtain a Change of Use within 90 days of Conditional Use Permit (CUP) approval. Planner’s Recommendation: Approval of Conditional Use Permit only. Property Owner: Macaha Lorpontio, 5100 Southwest 82nd Avenue, Miami, Florida 33155. PZ 4. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-2 grade elementary school with a maximum capacity of 20 students in conjunction with a 21 children daycare; property located at 1570 West 43 Place, Suites 15-18, Hialeah, zoned C-2 (Liberal Retail Commercial District) and legally described herein. 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. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of My Child’s Dream Inc. On March 27, 2024, the Planning and Zoning Board recommended approval after amending the application to approve only the Conditional Use Permit (CUP) with the following conditions: (1) the applicant must provide a Declaration of Restrictions for the Conditional Use Permit (CUP), including 20 maximum number of school grade students in Kindergarten and 2nd Grade, in conjunction with a maximum of 21 children daycare, (2) the applicant must obtain a Change of Use approval within 90 days of Conditional Use Permit (CUP) approval, (3) the shopping center property owner to submit an operational parking 4/5/2024 4:14 PM  plan and parking variance to satisfy the parking requirements of the entire shopping center and obtain a landscaping re-certification, and (4) seven parking spaces allocated to this use. Planner’s Recommendation: Approval of the Conditional Use Permit (CUP) request with conditions. Property Owner: My Childs Dreams, Inc., 1570 West 43rd Place, Hialeah, Florida, Janet Lopez Mesa, 2021 Northwest 82nd Terrace, Pembroke Pines, Florida, Prado Investment Corp., 51 Southwest 127th Avenue, Miami, Florida 33184 Jose Suarez, 51 Southwest 127th Avenue, Miami, Florida 33184 PZ 5. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a prescribed pediatric extended care (PPEC) with a maximum of 4 patients and 2 staff members; property located at 1022 East 8th Avenue, and legally described herein, 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. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016 on behalf of New Vision Rehab, Inc. On March 27, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) a maximum of two (2) staff members and four (4) patients at the same time with no patient overlapping, (2) two designated parking spaces for pick-up and drop-off of patients, (3) posting of signs on designated parking spaces, (4) 10-minute time limitation on pick-up and drop-off designated parking spaces, (5) staggered scheduling for patients arriving in collective transportation and private transportation. Planner’s Recommendation: Approval with conditions. Property Owner: Martha Alvarez, 1022 East 8th Avenue, Hialeah, Florida 33010. PZ 6. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the Neighborhood Business District (NBD) overlay; granting a Variance Permit to allow 18 units to have an area of 747 square feet and 6 units to have an area of 616 square feet, where 850 square feet is the minimum area required; allow 65 parking spaces, where 84 parking spaces are required; allow front setback of 5 feet, where 10 feet built-to-line are required; granting a Variance to waive the building mass and building frontage development standards in contrast to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.3(e)(1) and 98-2189(16)(a); properties located at 308, 330, 342 East 9 Street, Hialeah, zoned CR (Commercial Residential District) and legally described herein; 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. Registered Lobbyist: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of Mitchell Sabina. On March 27, 2024, the Planning and Zoning Board recommended approval provided the 4/5/2024 4:14 PM  following conditions are met: (1) the proposed parking count will allow 2 parking spaces for each of the 9, two-bedroom apartments (18 parking spaces), 1 parking space for the remaining 24 one-bedroom apartments (24 parking spaces), 3 accessible parking spaces and 20 parking spaces for the retail component during the day that might be shared with the apartments overnight. Since no car parking is available on East 9th Street, 20 parking spaces will be available after hours and on-street parking is available on East 3rd Avenue, (2) the development of the property in consistency with the plans prepared by Manny Reus (architect) dated February 14, 2024 including the proposed site plan, elevations, architectural features, color scheme and landscaping , (3) as required by Sec. 98-1630.9 and to avoid real estate speculation and delay, the applicant will need to proffer a demolition, construction schedule, and consistency with plans in a Declaration of Restrictive Convents. Planner’s Recommendation: Approval with conditions. Property Owner: Mitchell Sabina, 7767 Northwest 146th Street, Miami Lakes, Florida 33016. 16. FINAL DECISIONS FD 1. RESOLUTION: Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2024-04 granting a north side setback of 3 feet, 10 inches, where 6.5 are required for an accessory building (garage/storage) to be legalized. Property located at 3950 West 1 Avenue, Hialeah, zoned R-1 (One-Family District); and providing for an effective date. On March 13, 2024, the Planning and Zoning Board recommended approval provided that the use of the detached structure is to be a storage/garage and all the improvements and demolitions reflected in the plans submitted as part of this application signed and sealed by Rafael Droz-Seda, PE date April 29, 2023, are required to submit building permits. Planner’s Recommendation: Approval with conditions. Property Owner: Luis Padilla and Llerine Jimenez, 3950 West 1st Avenue, Hialeah, Florida 33012. FD 2. RESOLUTION: Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2024-05 granting a rear setback of 20 feet, where 25 feet are required for an open terrace to be legalized. Property located at 399 West 64 Street, Hialeah, zoned R-1 (One-Family District); and providing for and effective date. On March 13, 2024, the Planning and Zoning Board recommended approval provided the following condition that the terrace shall be maintained open on all three sides. Planner’s Recommendation: Approve with the condition that the terrace be maintained open on all three sides. Property Owner: Armanda R. Fernandez, 399 West 64th Street, Hialeah, Florida 33012. 4/5/2024 4:14 PM  17. ADJOURNMENT NEXT CITY COUNCIL MEETING: Tuesday, April 23, 2024 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: April 23, 2024 at 6:30 p.m. Anyone wishing to obtain a copy of an agenda item should contact the Office of the City Clerk at (305) 883-5820 or visit at 501 Palm Avenue, 3rd Floor, Hialeah, Florida, between the hours of 8:30 a.m. and 5:00 p.m. Persons wishing to appeal any decision made by the City Council, with respect to any matter considered at the meeting, will need a record of the proceedings and, for such purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. An ordinance or resolution shall become effective when passed by the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor’s signature is withheld or if the City Council overrides the Mayor’s veto. If the Mayor’s veto is sustained, the affected ordinance or resolution does not become law and is deemed null and void. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 883- 5820 for assistance no later than two (2) days prior to the proceeding; if hearing impaired you may telephone the Florida Relay Service at (800) 955-8771 (TDD), (877) 955-8773 (Spanish) or (800) 955-8770 (Voice). 4/5/2024 4:14 PM