City Council

Esteban Bovo, Jr. SE Mayor Council Members 7 Bryan Calvo OMBMonica 0 Perez Vivian Casàls-Muñoz President Luis Rodriguez Jesus Tundidor Jacqueline Garcia-Roves Vice President Carl Zogby City Council Meeting Minutes November 8, 2022 7:00 p.m. __________________________________________________ 1. CALL TO ORDER A. REPORT: Council President Zogby called the meeting to order at 7:12 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, 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 Garcia-Roves 5. Council Member Rodriguez 6. Council Member Tundidor B. REPORT: Marbelys Fatjo, City Clerk, called the roll with the following Council Members absent: 1. Council Member Casáls-Muñoz C. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 3. Lorena Bravo, City Attorney, was present. 11/10/2022 2:41 PM  3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE A. Council Member Garcia-Roves 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 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 11/10/2022 2:41 PM  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 into the record. 6. ELECTION OF COUNCIL PRESIDENT AND COUNCIL VICE PRESIDENT A. Election of Council President pursuant to §3.01 (c) of the Hialeah Charter. REPORT: Council President Zogby gave the gable to Council Vice President Perez to chair the meeting. REPORT: Motion to Nominate Monica Perez as Council President made by Council President Zogby, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. Monica Perez is elected President of the City Council. B. Election of Council Vice President pursuant to §3.01 (c) of the Hialeah Charter. REPORT: Council President Perez gave the gable to Council Member Zogby to chair the meeting. REPORT: Motion to Nominate Jacqueline Garcia-Roves as Council Vice President made by Council President Perez, and seconded by Council Member Zogby. Motion passes 6-0- 1 with Council Member Casáls-Muñoz absent. REPORT: Council President Perez chaired the rest of the meeting. 7. PRESENTATIONS REPORT: None 8. 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: No one in the Council Chambers expressed interest in speaking during this portion of the meeting. 11/10/2022 2:41 PM  9. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  Postponed Items - The following items are postponed until the City Council Meeting of December 13, 2022:  Consent Item C  Consent Item G  Add-On Items – The following items have been added to today’s agenda:  Consent Item O  Consent Item P  Consent Item Q  Consent Item R  Consent Item S  Consent Item T  Consent Item U  Consent Item V  Consent Item W  Consent Item X  Board Appointment 12 A 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. REPORT: Motion to Approve the Consent Agenda made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. A. Request permission to approve the minutes of the City Council Meeting held on October 25, 2022 at 7:00 p.m. APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. B. Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor is presently offering the service to the City as approved by the City Council, and the cost of chorine has continued to rise substantially due to inflation, and request to increase purchase order number 2022-564, issued to Sentry Industries, Inc., to pay for all 2022 pending invoices for sodium hypochlorite for all City-wide pools, by an additional amount of $12,887.50, for a new total cumulative expense amount not to exceed $87,887.50. The funding for this expenditure is to be charged to the General Fund – Repair & Maint – 11/10/2022 2:41 PM  Pools Account No. 001.3130.572.464. (DEPARTMENT OF PARKS AND RECREATION) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. C. Request permission to issue a purchase order to Consolidated Pipe & Supply Company, Inc., sole source vendor of Zenner meters, for the purchase of five hundred (500) new 5/8-inch Zenner water meters, in a total expense amount not to exceed $34,900.00. The funding for this expenditure is to be withdrawn from Water & Sewers Division Fund – Inventory – Meters & Meter Boxes Account No. 450.0000.141.004. (DEPARTMENT OF PUBLIC WORKS) POSTPONED UNTIL THE CITY COUNCIL MEETING OF DECEMBER 13, 2022 D. Request approval to retain the professional services of Burgess Chambers and Associates, Inc., as the investment advisor for the City of Hialeah Deferred Compensation and Defined Contribution Committee, commencing on October 1, 2022 and ending on September 30, 2023, in a total cumulative expense amount not to exceed $62,200.00. The funding for this expenditure is to be withdrawn from General Fund – Professional Services Account No. 001.4210.513.310. (RETIREMENT DIVISION) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. E. Request approval to retain the professional services of CapFinancial Partners, LLC, as the investment advisor to the City’s General Employees Retirement System Board of Trustees, commencing on October 1, 2022 and ending on September 30, 2023, in a total expense amount not to exceed $143,000.00. The funding for this expenditure is to be withdrawn from General Fund – Investment Advisor Account No. 001.4210.513.340. (RETIREMENT DIVISION) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. F. Request permission to retain the professional services of Gabriel, Roeder, Smith & Company, as actuary to the City, firm which is the current actuary for the Elected Officers Retirement Trust, in a total expense amount not to exceed $23,951.00. The funding for this expenditure is to be withdrawn from Elected Officials Retirement Fund – Professional Services – Actuarial Account No. 602.8500.513.310. (RETIREMENT DIVISION) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. 11/10/2022 2:41 PM  G. Request permission to utilize City of Miami Contract No. 781382(29) - Citywide Sidewalk Repair and Replacement Services effective through July 29, 2023, and issue a purchase order to G P E Engineering & General Contractor Corp., for the repair and replacement of sidewalks citywide damaged due to water and sewer repairs, in a total cumulative amount not to exceed $60,000.00. The funding for this expenditure is to be withdrawn from Water & Sewers Division Fund – Inventory – Repair & Maintenance Account No. 450.9510.533.467. (DEPARTMENT OF PUBLIC WORKS) POSTPONED UNTIL THE CITY COUNCIL MEETING OF DECEMBER 13, 2022 H. RESOLUTION: Proposed resolution authorizing the allocation of administrative funds, in the amount of $706,620.40, for administrative expenses incurred in connection with monitoring compliance of Community Development Block Grant-Coronavirus (CBDG-CV) funds, previously accepted by the City by Resolution number 2021-100 (August 1, 2021), with all applicable federal laws, rules and regulations. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. RESOLUTION NO. 2022-133 I. RESOLUTION: Proposed resolution accepting and authorizing the appropriation of Emergency Rent Assistance (ERA-2) funds awarded to the City by the U.S. Department of Housing and Urban Development in the amount of $4,177,149.88, for the provision of rent and utility services to eligible residents and ensuring administrative compliance in the expenditure of these funds; further authorizing the Mayor or his designee to submit all required reports to the U.S. Department of Housing and Urban Development as programmatically required; providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. RESOLUTION NO. 2022-134 J. RESOLUTION: Proposed resolution approving the Florida Department of Law Enforcement – JAG21-C Application, under the administration of the U.S. Department of Justice, Bureau of Justice Assistance, and the City of Hialeah, as participating agency; to assist the Hialeah Police Department in technological improvements within the department, in the total amount of $18,000, through September 30, 2024; and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof and accept any awarded grant, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. 11/10/2022 2:41 PM  RESOLUTION NO. 2022-135 K. RESOLUTION: Proposed resolution approving an expenditure in an amount not to exceed $75,000 from the Law Enforcement Trust Fund-State for the rental of undercover surveillance vehicles by the Hialeah Police Department from Avis Budget Group, Inc., and piggy-backing from State Contract 78111808-20-1 as it is advantageous to the City, and issuing a purchase order for said expenditure, providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. RESOLUTION NO. 2022-136 L. Report of Scrivener’s Error - On October 25, 2022, the City Council approved Consent Item Q, approving the issuance of a purchase order to Infor Public Sector, Inc., for maintenance and support services of the Police and Fire Computer Aided Dispatch and Records Management Systems, in a total expense amount not to exceed $367,910.26 of which $294,328.21 is for Police and $73,582.05 is for Fire. The item was approved with the incorrect funding account number of Fire Rescue Transportation Fund – Repair & Maintenance – Building Account No. 109.2000.522.461 for the $73,582.05 portion of the expense. The item is being amended to reflect the correct account number: Fire Rescue Transportation Fund – Repair & Maintenance – Building Account No. 109.2000.522.462. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. M. Request from ABC Promotions Unlimited, Inc., located at 940 South Military Trail, #94, West Palm Beach, Florida 33415, for a permit to sell Christmas trees and fireworks, as well as for permission to install a seasonal tent for the sales, to benefit Best Buddies of South Florida, at 1700 West 49th Street, Hialeah, Florida in the parking lot located on the northwest corner of West 16th Avenue and West 46th Street, property zoned C-2 Liberal Retail Commercial, with set-up taking place on Tuesday, November 15, 2022 and take down on Monday, January 2, 2023, with the sale of Christmas trees commencing on Sunday, November 20, 2022 and ending on Monday, December 19, 2022, and with the sale of fireworks commencing on Monday, December 20, 2022 and ending on Saturday, December 31, 2022, in accordance with the requirements of the Hialeah Fire Department and the Hialeah Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. N. Request from San Lazaro Roman Catholic Church located at 4440 West 18th Avenue, Hialeah, Florida 33012, for a special event permit, to host a procession beginning on church grounds, traveling on West 44th Place to West 16th Avenue, West 16th Avenue to West 42nd Street, West 42nd Street to West 18th Avenue and West 18th Avenue to church grounds, on Saturday, December 17, 2022 from 8:00 p.m. to 11:00 p.m., expecting up to 150 attendees, in accordance with the requirements of the Hialeah Police Department and Risk Management Department. 11/10/2022 2:41 PM  (OFFICE OF THE CITY CLERK) The Cultural Affairs Council of the City of Hialeah recommended approval of the item on November 3, 2022. APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. O. ADD-ON ITEM: Request permission to cancel the City Council Meeting of November 22, 2022 pursuant to Section 3.01 of the City’s Charter in observance of Thanksgiving. (ADMINISTRATION) (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. P. ADD-ON ITEM: Request permission to cancel the City Council Meeting of December 27, 2022 pursuant to Section 3.01 of the City’s Charter in observance of the holiday season. (ADMINISTRATION) (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. Q. ADD-ON ITEM: Request permission to increase Purchase Order No. 2022-703, issued to Mansfield Oil Company of Gainesville, Inc., for the payment of Invoice No. 23562810, by an additional amount of $25,262.76, for the purchase of gas and diesel fuel for City vehicles, in a new total cumulative expense amount not to exceed $955,262.76. The funding for this expenditure is to be withdrawn from the General Fund – Inventory - Fuel & Lubricants Account No. 001.0000.141.130. (FLEET AND MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. R. ADD-ON ITEM: Request to increase Purchase Order No. 2022-696, issued to Urbieta Oil, Inc., for payment of the following invoices:  Invoice No. IN-072922-22 for $15,730.92  Invoice No. IN-070906-22 for $12,861.34  Invoice No. IN-081958-22 for $15,830.78 for gas and diesel fuel for City vehicles purchased prior to Hurricane Ian, by an additional amount of $44,423.04, in a new total cumulative expense amount not to exceed $1,494,423.04. The funding for this expenditure is to be withdrawn from the General Fund – Inventory - Fuel & Lubricants Account No. 001.0000.141.130. (FLEET AND MAINTENANCE DEPARTMENT) 11/10/2022 2:41 PM  APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. S. ADD-ON ITEM: Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor is a local company offering services of car washes and vehicle detailing, and increase Purchase Order No. 2022-730, issued to Jorge L Leon Car Wash Inc, for the payment of the following invoices:  Invoice No. 348232 for $360.00  Invoice No. 348234 for $225.00  Invoice No. 348238 for $360.00  Invoice No. 348239 for $30.00  Invoice No. 348242 for $360.00  Invoice No. 348244 for $210.00 by an additional amount of $1,545.00, for a new total cumulative expense amount not to exceed $61,545.00. The funding for this expenditure is to be withdrawn from the General Fund - Contractual Services Account No. 001.3220.591.340. (FLEET AND MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. T. ADD-ON ITEM: Request permission to waive competitive bidding, since it is advantageous to the City in that this vendor is a local company offering auto parts and accessories, and increase Purchase Order No. 2022-23, issued to AutoZone Stores LLC, for payment of Invoice No. 2491101857 for the purchase auto parts and accessories for City vehicles, by an additional amount of $431.89, for a new total cumulative expense amount not to exceed $15,431.89. The funding for this expenditure is to be withdrawn from the General Fund – Inventory – Auto Parts Account No. 001.0000.141.120. (FLEET AND MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. U. ADD-ON ITEM: Request from Frank Diaz, on behalf of Fly High Fireworks LLC, located at 910 West 64th Street, Hialeah, Florida 33012, for permission to install a seasonal tent for the sale of fireworks at 5378 West 16 Avenue, Hialeah, Florida 33012, property zoned C-2 Liberal Retail Commercial, with set up taking place on Saturday, December 24, 2022 and take down on Monday, January 2, 2023, and with sales scheduled to take place from Monday, December 26, 2022 through Monday, January 2, 2023, with the hours of operation from 10:00 a.m. to 10:00 p.m., subject to the requirements of the City’s Fire Department and Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. 11/10/2022 2:41 PM  V. ADD-ON ITEM: Request to amend the Special Events Application submitted by Dr. Tamara Moodie, on behalf of South Florida Autism Center, Inc., for a special event permit to be held at 3751 West 108th Street, Hialeah, Florida 33018, to host an annual gala with the proceeds benefiting the programs of South Florida Autism Charter School and the South Florida Autism Center, and to erect two (2) tent along West 108th Street, with one tent being used for the cocktail hour and the second tent for the seated dinner with live entertainment, on Saturday, November 12, 2022 from 6:00 p.m. to 11:00 p.m., to include and account for the street closure times, with the street closure beginning on Friday, November 11, 2022 12:00 a.m., and ending on Sunday, November 13, 2022 at 6:00 p.m. to allow for the set-up and take down of the tents, in accordance with the requirements of Risk Management Department, the Police Department and Fire Department. (OFFICE OF THE CITY CLERK) The City Council approved the issuance of this permit on October 25, 2022 with the street closure on Saturday, November 12, 2022 from 6:00 p.m. to 11:00 p.m. The Cultural Affairs Council of the City of Hialeah recommended approval of the item on October 18, 2022. APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. W. ADD-ON ITEM: Request permission to utilize Contract No. R191902 – Educational Software Solutions and Services, between Region 4 Education Service Center (ECS) and this vendor, effective through April 30, 2023, contract which is part of Omnia Partners, and issue a purchase order to eCivis, Inc., for the purchase of licenses for access to Grant Management Software for multiple City departments providing private and public grant announcements, for a total expense amount not to exceed $27,101.20. The funding for this expenditure is to be withdrawn from the General Fund – Contractual Services Account No. 001.8500.519.340. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. X. ADD-ON ITEM: Request from Zachary Swanson, on behalf of Unbranded Brewing Company, located at 1395 East 11 Avenue, Hialeah, Florida, requesting a street closure of East 11 Avenue from East 13 Street to East 14 Street to erect a tent to host a beer festival “Maverick Town”, with set up taking place on Saturday, December 10, 2022 at 10:00 a.m., and take down on Saturday, December 10, 2022, at 6:30 p.m., subject to the requirements of the City’s Fire Department, Police Department and Risk Management Department. (OFFICE OF THE CITY CLERK) The Cultural Affairs Council of the City of Hialeah recommended approval of this item on October 18, 2022. APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. 11/10/2022 2:41 PM  11. ADMINISTRATIVE ITEMS 11 A. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 98, entitled “Zoning”, Article VI. “Supplementary District Regulations”, Division 11. “Landscaping”; amending and retitling §98-2231 “Purpose.”, §98-2232 “Landscaping Requirement”, §98-2233 “Irrigation”, and §98-2234 “Landscaping and Irrigation Certification and Recertification for Residential-Office, Commercial, Industrial Properties and Multi-Family Developments”; and creating Sections §98-2235 “Waiver of Minimum Landscape Requirements; Landscape Mitigation.”, §98-2236 “Renovation and Remodeling of Residential-Office, Multiple Family, Commercial and Industrial Developments; Supplemental Landscaping”, and §98-2237 “Fees”. Repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. On October 26, 2022, the Planning and Zoning Board recommended approval of the item. REPORT: Motion to Approve Item 11 A made by Council Member Tundidor, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Casáls- Muñoz absent. REPORT: Second reading and public hearing is scheduled for December 13, 2022. 12. BOARD APPOINTMENTS A. Proposed resolution appointing Javier Morejon as a member of the Beautification Committee beginning on November 8, 2022 for a two (2)-year term ending on November 7, 2024. APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. RESOLUTION NO. 2022-137 REPORT: Motion to Approve Item 12 A made by Council Member Tundidor, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. 13. UNFINISHED BUSINESS REPORT: None. 11/10/2022 2:41 PM  14. NEW BUSINESS REPORT: None. 15. ZONING PLANNING AND ZONING PZ 1. 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 a K-1 grade school with an enrollment of 20 students within a facility that also includes a daycare with an enrollment of 33 students; property located at 543 East 9 Street, Hialeah, zoned C-2 (Liberal Retail Commercial District). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. POSTPONED UNTIL FURTHER NOTICE. On October 25, 2022, the item was postponed. Second reading and public hearing is scheduled for November 8, 2022. On October 11, 2022, the item was postponed. Second reading and public hearing is scheduled for October 25, 2022. On September 27, 2022, the item was postponed. Second reading and public hearing was scheduled for October 11, 2022. On September 13, 2022, the item was postponed. Second reading and public hearing was scheduled for September 27, 2022. On August 23, 2022, the City Council approved the item on first reading. Second reading and public hearing was scheduled for September 13, 2022. On August 10, 2022, the Planning and Zoning Board recommended approval with conditions. Planner’s Recommendation: Approve with the condition that the old signs are replaced by two new state-of-the-art signs. Property Owner: Gladys Perez, 971 East 26th Street, Hialeah, FL 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 a K-6 grade school with an enrollment of 47 students within a facility that also includes a daycare with an enrollment of 36 children; property located at 380 West 21 Street, Hialeah, zoned M-1 11/10/2022 2:41 PM  (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. Registered Lobbyist: Octavio Santurio, 6262 SW 40th Street, Suite 3E, South Miami, Florida 33155, on behalf of Children’s Christian School. On October 25, 2022, the item was postponed. Second reading and public hearing is scheduled for November 8, 2022. On October 11, 2022, the item was postponed. Second reading and public hearing is scheduled for October 25, 2022. On September 27, 2022, the City Council approved the item on first reading. Second reading and public hearing was scheduled for October 11, 2022. On September 7, 2022, the Planning and Zoning Board recommended approval with the condition that the site improvements detailed in the plans prepared by Octavio Santurio, Architect, be permitted and having received a final by the Building Department before August 2023 prior to the start of the school year. The Planning and Zoning Board further recommended that if the condition is not met, the Business Tax Receipt for the school not be renewed in the year 2023. Planner’s Recommendation: Approval with conditions Property Owner: AJM Hialeah Holdings, LLC, c/o Alicia Paez, 380 West 21 Street, Hialeah FL 33010 APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. ORDINANCE NO. 2022-107 REPORT: Maritza Paez, 380 West 21st Street, Hialeah FL, 33010, owner of the subject property, addressed the City Council. REPORT: Octavio Santurio, 6262 SW 40th Street Suite 3E, South Miami FL, 33155, addressed the City Council. REPORT: Council President Perez opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. 11/10/2022 2:41 PM  REPORT: Motion to Approve Item PZ 2 made by Council Member Tundidor, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. PZ 3. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District Overlay for the development of a 58-unit multifamily mixed-use building, pursuant to Hialeah Code of Ordinances § 98-1630.8; granting a variance permit to allow all residential units with areas ranging from 523 square feet to 728 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 5.5 feet front setback for staircase, where 10 feet built-to-line are required; allow 18% pervious area, where 30% is the minimum required and parking variance to allow 160 parking spaces, where 266 are required; all contra to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.3(e)(1), 98-2056(b)(1) and 98- 2189(16)a.; property located at 8155 West 12 Avenue, Hialeah, zoned C-1 (Restricted 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. On October 25, 2022, the City Council approved the item on first reading. Second reading and public hearing is scheduled for November 8, 2022. On October 11, 2022, Council Vice President Perez abstained from voting and filed a Form 8b Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers form with the Office of the City Clerk. On October 11, 2022, the City Council tabled the item until October 25, 2022. Registered Lobbyists: Hugo P. Arza, Esq., and Alejandro J. Arias, Esq., 701 Brickell Avenue, Suite 3300, Miami FL 33131, on behalf Prestige Builders Construction Management, LLC. On September 21, 2022, the Planning and Zoning Board recommended approval of the item with the condition that improvements be constructed at the West 12th Avenue median to improve safety at the West 82nd Avenue intersection. Planner’s Recommendation: Approval subject to the required improvements set forth by the City’s Streets Department. Property Owner: Daniel Caamano of the Daniel Tobias Caamano Living Trust, 5400 N 35 Street, Hollywood Florida 33021. 11/10/2022 2:41 PM  APPROVED 5-1 with Council President Perez having abstained from voting and Council Member Casáls-Muñoz absent. ORDINANCE NO. 2022-108 REPORT: Council President Perez opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Council President Perez abstained from voting on the item and filed Form 8B - Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers with the City Clerk, record which is on file with the Office of the City Clerk. REPORT: Motion to Approve Item PZ 3 made by Council Member Zogby, and seconded by Council Member Tundidor. Motion passes 5-1 with Vice President Perez having abstained from voting and Council Member Casáls-Muñoz absent. PZ 4. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from RO (Residential Office) to B-1 (Highly Restricted Retail District); granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow a pharmaceutical research center; granting a variance permit to allow front setback of 5 feet, where 20 feet are required; and allow 17 parking spaces, where 19 parking spaces are required; all contra to Hialeah Code of Ordinances §§ 98-929 and 98-2189(20). Property located at 355 West 49 Street, 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. On October 25, 2022, the City Council approved the item on first reading. Second reading and public hearing is scheduled for November 8, 2022. Registered Lobbyist: Felix M. Lasarte, Esq. 3250 Northeast 1 Avenue, Suite 334, Miami, Florida 33010, on behalf of 355 Investments LLC. On October 12, 2022, the Planning and Zoning Board recommended approval of the item with the condition that the number of staff members and patients is limited as proffered and that the scheduling of patients is managed in order for the parking demand to be fulfilled within the site. The applicant will provide a Declaration of Restrictive Covenants. Planner’s Recommendation: Approval of the item with limitation and scheduling management conditions. Property Owner: Aileen Tablado, 355 West 49th Street, Hialeah Florida 33012. 11/10/2022 2:41 PM  APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. ORDINANCE NO. 2022-109 REPORT: Guillermo Cuardo, with the Law Office of Felix Lasarte, 3250 Northeast 1 Avenue, Suite 334, Miami, Florida 33010, addressed the City Council. REPORT: Council President Perez opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item PZ 4 made by Council Member Tundidor, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Casáls- Muñoz absent. PZ 5. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from R-1 (One-Family District) to R-3-5 (Multiple-Family District); granting a variance permit to allow a front setback of 10.5 feet, where 25 feet is the minimum required; allow an east side setback of 4 feet and west side setback of 7 feet, where 10 feet is the minimum required respectively; and allow 23% pervious area, where 30% pervious area is the minimum required; all contra to Hialeah Code of Ordinances §§ 98-589, 98-590 and 98-2056(b)(1). Property located at 350 East 40 Street, Hialeah, zoned R-1 (One-Family District). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On October 25, 2022, the City Council approved the item on first reading. Second reading and public hearing is scheduled for November 8, 2022. Registered Lobbyist: Frank de la Paz, 9361 Bird Road, Miami, Florida on behalf of Raul Fernandez and Maria Fernandez On October 12, 2022, the Planning and Zoning Board recommended approval of the item. Planner’s Recommendation: Approval Property Owner: Raul Fernandez and Maria Fernandez, 330 West 43rd Street, Hialeah FL 33012 APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. ORDINANCE NO. 2022-110 REPORT: Frank de la Paz, 9361 Bird Road, Miami, Florida, addressed the City Council. 11/10/2022 2:41 PM  REPORT: Council President Perez opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item PZ 5 made by Council Member Tundidor, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. PZ 6. ORDINANCE: Second reading and public hearing of proposed ordinance approving a Final Plat of Countyline Corporate Park North; accepting all dedication of avenues, streets, roads or other public ways, together with all existing and future planting of trees; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Property bounded on the north by West 116 Street (NW 170 Street), on the south by West 112 Place (NW 166 Terrace), on the east by West 36 Avenue (NW 97 Avenue) and on the west by West 44 Avenue (NW 107 Avenue), Hialeah, Florida. On October 25, 2022, the City Council approved the item on first reading. Second reading and public hearing is scheduled for November 8, 2022. On October12, 2022, the Planning and Zoning Board recommended approval of the item. APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. ORDINANCE NO. 2022-111 REPORT: Council President Perez opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ 6 made by Council Member Zogby, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. PZ 7. ORDINANCE: Second reading and public hearing of proposed ordinance granting a variance permit to allow 24 backout parking spaces, where 56 parking spaces are required where backout parking spaces are only allowed in residential zoned areas; allow 1.7% pervious area, where 10% pervious area is the minimum required; and allow a waiver of minimum landscape requirements for the legalization of an existing restaurant; all contra to Hialeah Code of Ordinances §§ 98- 2189, 98-2190 and City of Hialeah Landscape Manual, Latest Edition dated July 9, 2015. Property located at 5881 NW 37 Avenue, Hialeah, zoned M-2 (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. On October 25, 2022, the City Council approved the item on first reading. Second reading and public hearing is scheduled for November 8, 2022. On October 12, 2022, the Planning and Zoning Board recommended approval of the item with the condition that the restaurant’s front area along NW 37th Street is improved with landscaping and draining and a deal is reached with the Florida Department of Transportation to improve the swale area along NW 59th street and utilize the area for 11/10/2022 2:41 PM  parking. Planner’s Recommendation: Approval with conditions. Property Owner: Eduardo Blanco 305 Harbor Drive. Key Biscayne FL 33149 Florentino Blanco 5883 NW 37th Avenue, Miami FL 33142 APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. ORDINANCE NO. 2022-112 REPORT: Council President Perez opened the item for public participating and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ 7 made by Council Member Tundidor, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. PZ 8. ORDINANCE: First reading of proposed ordinance vacating, closing and abandoning for public use the right-of-way located on SE 10 Court between SE 10 Street and SE 11 Street. 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: Hugo P. Arza, Esq. and Alejandro J. Arias, Esq. 701 Brickell Avenue, Suite 3300, Miami FL 33131, on behalf of Prestige Builders Construction Management, LLC. On October 26, 2022, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Hialeah Marketstation North LLC, 16400 Northwest 59th Avenue, Miami Lakes, Florida 33014 APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. REPORT: Alejandro J. Arias, Esq, 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, addressed the City Council REPORT: Debora Storch, Planning Official of the City of Hialeah, spoke on this item. 11/10/2022 2:41 PM  Motion to Approve Item PZ 8 made by Council Member Tundidor, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. REPORT: Second reading and public hearing is scheduled for December 13, 2022. PZ 9. ORDINANCE: First reading of proposed ordinance granting a variance permit to allow an LED Pylon Sign outside the geographic area where LED signs are allowed; and allow a distance of 60 feet from residential properties where LED signs shall be placed at distance of no less than a 300-foot radius from residential properties, contra to Hialeah Code of Ordinances §§ 74-149(b) and 74-149(e). Property located at 2590 West 76 Street, Hialeah, zoned R-1 (One-Family District). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On October 26, 2022, the Planning and Zoning Board recommended approval with the condition that the illumination intensity be reduced at nighttime. Planner’s Recommendation: Approval with the conditions. Property Owners: City of Hialeah, 501 Palm Avenue, Hialeah, Florida 33010 APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. Motion to Approve Item PZ 9 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. REPORT: Second reading and public hearing is scheduled for December 13, 2022. PZ 10. ORDINANCE: First reading of proposed ordinance granting a variance permit to allow the construction of a duplex on a substandard lot with a frontage of 50 feet and a lot area of 6,750 square feet, where a frontage of 75 feet and a lot area of 7,500 square feet are required; allow a 21.25 foot front setback, where 25 feet are required; allow a 4.79 foot rear setback, where 25 feet are required and a 5.95 foot east side setback, where 7.5 feet are required for a garage to be converted into a second living unit; allow a 3 foot west side setback for terrace in the back yard to be legalized and allow west side setback of 2.35 feet, where 3 feet are required for a 96 square foot shed to be legalized, all contra to Hialeah Code of Ordinances §§ 98-544, 98-545, 98-547(a) and 98-1670(a). Property located at 317 East 13 Street, Hialeah, zoned R-2 (One-and Two- Family 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. 11/10/2022 2:41 PM  On October 26, 2022, the Planning and Zoning Board recommended approval with the condition that the terrace remain open on all three (3) sides. Planner’s Recommendation: Approval with conditions. Property Owner: Valeska Reyes, 317 East 13th Street, Hialeah, Florida 33010 APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. REPORT: Valeska Reyes, 317 East 13th Street, Hialeah, Florida 33010, spoke on this item. Motion to Approve Item PZ 10 made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. REPORT: Second reading and public hearing is scheduled for December 13, 2022. PZ 11. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-3 Grade Elementary School with a maximum capacity of 27 students to be dropped off and picked up in 3 shifts in conjunction with a 14-children daycare and a total of 5 staff members; and granting a variance permit to allow 6 parking spaces, where 9 parking spaces are required; contra to Hialeah Code of Ordinances §98-2189(4)d; Property located at 367 West 29 Street, 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 NW 155 Street, Miami Lakes, Florida 33016, on behalf of Precious Little Angels. On October 26, 2022, the Planning and Zoning Board recommended approval subject to the following conditions: (1) the school have no overlapping shifts, (2) the daycare schedule will not coincide with the elementary school drop-off and pick-up times, (3) school personnel will assist in the drop-off/pick-up process, (4) the drop-off area will remain clear at all times, (5) teachers and staff shall not exceed five members, (6) the daycare is limited to 14 children and (7) the school maximum capacity is limited to 27 students. The applicant shall also acknowledge that the after-school/tutoring business is independent from the school operation, and the parking variance could be approved with the condition that the existing parking is assigned to teachers and staff and that no parking of any duration is allowed at the circular driveway designated for drop-off. Planner’s Recommendation: Approval with conditions. Property Owners: J & P Property Enterprises Inc., 367 West 29th Street, Hialeah FL 33012 Lazaro Picallo 367 West 29th Street, Hialeah, FL 33012 Vivian Jimenez, 673 West 60th Street, Hialeah, FL 33012 APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. REPORT: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida, addressed the City Council via Zoom with a PowerPoint Presentation, which is on file with the Office of the City Clerk. 11/10/2022 2:41 PM  Motion to Approve Item PZ 11 made by Council Member Tundidor, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Casáls-Muñoz absent. REPORT: Second reading and public hearing is scheduled for December 13, 2022. 16. FINAL DECISION FD 1. Proposed resolution approving the final decision of the Planning and Zoning Board, Decision No. 2022-14 granting an adjustment on the property located at 975 East 1 Street, Hialeah, zoned R-1 (One-Family District); and providing for an effective date. On October 12, 2022, the Planning and Zoning Board recommended approval with conditions. Planner’s Recommendation: Approval with condition that the legalization is within 18 months Property Owner: Paula Mausito 975 East 1st Street, Hialeah, Florida 33010 Rodolfo Perez 975 East 1st Street, Hialeah, Florida 33010 APPROVED 6-0-1 with Council Member Casáls-Muñoz absent. RESOLUTION NO. 2022-138 REPORT: Misledy Perez, 975 East 1st Street, Hialeah, Florida 33010, addressed the City Council on behalf of her mother, Paula Mausito, who was present in the meeting. REPORT: Debora Storch, Planning Official of the City of Hialeah, spoke on this item. Motion to Approve Item FD 1 made by Council Member Tundidor, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Casáls- Muñoz absent. 17. ADJOURNMENT REPORT: Council President Perez adjourned the meeting at 8:05 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, December 13, 2023 at 6:30 p.m. NEXT CITY COUNCIL MEETING: Tuesday, December 13, 2022 at 7:00 p.m. Anyone wishing to obtain a copy of an agenda item should contact the Office of the City Clerk at (305) 11/10/2022 2:41 PM 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). 11/10/2022 2:41 PM