City Council

Esteban Bovo, Jr. Council Members SE Mayor Bryan Calvo 7 Vivian Casàls-Muñoz OMBMonica 0 Perez Luis Rodriguez President Jesus Tundidor Carl Zogby Jacqueline Garcia-Roves Vice President City Council Meeting Minutes May 23, 2023 7:00 p.m. __________________________________________________ 1. CALL TO ORDER A. REPORT: Council President Perez called the meeting to order at 7:16 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with Council Member Zogby absent. B. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 3. Lorena Bravo, City Attorney, was present. 3. INVOCATION A. The invocation was led by Marbelys Fatjo, City Clerk during the Charter School Oversight Committee Meeting held in the Council Chambers immediately preceding the Council Meeting. 4. PLEDGE OF ALLEGIANCE A. Council Member Casáls-Muñoz led the Pledge of Allegiance during the Charter School Oversight Committee Meeting held in the Council Chambers immediately preceding the Council Meeting. 5/25/2023 12:01 PM  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 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 during the Charter School Oversight Committee Meeting held in the Council Chabers immediately preceding the Council Meeting. 6. PRESENTATIONS A. The City of Hialeah recognizes employees for twenty-five years of service: 5/25/2023 12:01 PM  Personnel of the Hialeah Police Department: 1. Orlando Salvat, Police Commander 2. Gisela Garrido, Police Sergeant 3. Marvin Alvarez, Police Sergeant 4. Azael Acay, Police Officer 5. Andres Gutierrez, Police Officer Personnel of the Hialeah Fire Department: 1. Raymond Malin, Deputy Fire Chief 2. Justo Diaz De Arce, District Fire Chief 3. Stephen Lyon, District Fire Chief 4. Carlos Catellanos, Fire Lieutenant 5. Todd Hyde, Firefighter Personnel of the Department of Public Works: 6. Enedy Diaz, Accountant 7. Jose Carballeira, Supervisor of Water & Sewers Personnel of the Fleet Maintenance Department: 8. Reinaldo Acosta, Mechanic II Personnel of the Education and Community Services Department: 9. Marta Miranda, Recreation Leader I (Part-time) B. The City of Hialeah recognizes employees for thirty years of service: Personnel of the Hialeah Police Department: 1. Ricardo Fernandez, Jr., Police Lieutenant (retired on April 30, 2023) Personnel of the Hialeah Fire Department: 2. Willians Guerra, Fire Chief 3. Karl Odin, Deputy Fire Chief 4. Juan Ferrando, Fire Engineer 5. Craig Hardie, Firefighter 6. Isaiah Williams, Firefighter 7. Robert Williams III, Firefighter REPORT: PRESENTED REPORT: Mayor Bovo and the City Council presented each in attendance with a certificate. 5/25/2023 12:01 PM  7. COMMENTS AND QUESTIONS REPORT: Frank De La Paz, 9361 Bird Road, spoke regarding Item S. REPORT: Mayor Bovo Jr., spoke addressed those in attendance regarding the proposed Brownsville annexation. REPORT: Kenneth Kil Patrick, President of the Brownsville Civic Neighborhood Association, 5167 Northwest 29th Avenue, thanked the Mayor and the City Council on the City’s decision of not pursuing the Brownsville annexation. REPORT: James Wish III, 4900 Northwest 30th Avenue, thanked the Mayor and the City Council on the City’s decision of not pursuing the Brownsville annexation. REPORT: Kenneth Brown, 1817 Northwest 41st Street, thanked the Mayor and the Council on the City’s decision of not pursuing the Brownsville annexation. REPORT: Jackie Collier, 4240 Northwest 27th Avenue, invited the Mayor and the Council to the Historic Hampton House in the Brownsville community. REPORT: David Singuero, 621 East 40th Street, spoke on the City’s decision of not pursuing the Brownsville annexation. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA 1. Add-On Item: • Consent Item V 2. Amended Item: • The total expenditure amount for Consent Item Q has been amended from $652,500.00 to $685,125.00, amount which includes a contingency for any unforeseen conditions. 9. BOARD APPOINTMENTS REPORT: None. 10. CONSENT AGENDA All items listed under Consent Agenda with letter designations are considered routine and will be 5/25/2023 12:01 PM  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: Council Member Calvo requested that Items C, J, O, Q, and R be removed from the Consent Agenda for separate discussion. REPORT: Motion to Approve the Consent Agenda, except items C, J, O, Q, and R, made by Council Member Rodriguez, and seconded by Council Member Casáls-Muñoz. Motion passes 5- 0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. A. Request permission to approve the minutes of the City Council Meeting held on May 9, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. B. RESOLUTION: Proposed resolution approving the expenditure in an amount not to exceed $31,940.00 from the Law Enforcement Trust Fund - Federal Capital Equipment Account for the purchase of ballistic shields from Federal Eastern International, LLC and requesting an exemption from competitive bidding for the purchase of the equipment by utilizing the competitively bid governmental Contract #46151500-NASPO-21-ACS upon such costs having been approved by the Chief of Police, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. RESOLUTION NO. 2023-049 C. RESOLUTION: Proposed resolution authorizing and ratifying the use of State Housing Initiatives Partnership (SHIP) Program funds expended through the City’s Safe Home Program in an amount not to exceed $125,000.00 for the rehabilitation of the single-family dwelling owned and occupied by Hercules Ferrandi and Maria Ferrandi located at 50 East 54 Street, as allowed by the City’s local Housing Assistance Plan (LHAP); authorizing the Mayor or his designee, and the City Clerk, as attesting witness, to execute any and all agreements in furtherance of the project on behalf of the City; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 5-0-2 RESOLUTION NO. 2023-050 REPORT: Maria Ruiz, City’s Grants and Human Services Department, 501 Palm Avenue, spoke on the item. 5/25/2023 12:01 PM  Motion to Approve Consent Item C made by Council Member Calvo, and seconded by Council Member Rodriguez. Motion passes 5-0-2 with Council Member Zogby absent and Council Member Tundidor not present during the call for vote. Council Member Tundidor recorded his vote as “Yes” after the motion to approve had passed. D. RESOLUTION: Proposed resolution authorizing the donation of Police Canine “Hunter” and authorizing the Mayor to execute the agreement attached as Exhibit “A”; providing for implementation; providing for an effective date. (POLICE DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. RESOLUTION NO. 2023-051 E. RESOLUTION: Proposed resolution authorizing the donation of their respective primary service firearm to retired officer Ricardo Fernandez, retired officer Ariel Hernandez and retired officer Orlando Baldo, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. RESOLUTION NO. 2023-052 F. Request permission to extend the current Service Agreement with the Mowrey Elevator Co., Inc., for an additional six (6) months ending on September 30, 2023, and increase two purchase orders issued to this vendor as follows: (1) Purchase Order No. 2023-421, for city-wide callback services, by an additional amount of $25,000.00, for a new total amount of $50,000.00 (2) Purchase Order No. 2023-422, for city-wide monthly maintenance services, by an additional amount of $11,210.82, for a new total amount of $22,421.64, for a total cumulative expense amount not to exceed $72,421.64. The approval of the item requires the waiving of competitive bidding, since it is advantageous to City in that the City’s Construction and Maintenance Department is working with the Purchasing Division to finalize the Request for Proposal documents in order to competitively bid this service. On October 11, 2022 (Consent Item Q), the City Council approved a first extension to the service agreement for a period of six (6) months ending on March 31, 2023. The funding for the expenditure will be drawn against the General Fund – Contractual Services – Charge Back to Other Departments Account No. 001.3230.591.341. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and 5/25/2023 12:01 PM  Council Member Zogby absent. G. Request permission to extend the current Service Agreement with the South Shore Elevator Service Corp, for an additional six (6) months ending on September 30, 2023, and increase two purchase orders issued to this vendor as follows: (1) Purchase Order No. 2023-391, for Affordable Housing elevator callback services, by an additional amount of $60,000.00, for a new total amount of $120,000.00 (2) Purchase Order No. 2023-423, for Affordable Housing monthly maintenance elevator services, by an additional amount of $18,000.00, for a new total amount of $36,000.00 for a total cumulative expense amount not to exceed $156,000.00. The approval of the item requires the waiving of competitive bidding, since it is advantageous to City in that the City’s Construction and Maintenance Department is working with the Purchasing Division to finalize the Request for Proposal documents in order to competitively bid this service. On October 11, 2022 (Consent Item J), the City Council approved a first extension to the service agreement for a period of six (6) months ending on March 31, 2023. The funding for the expenditure will be drawn against the General Fund – Contractual Services – Charge Back to Other Departments Account No. 001.3230.591.341. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. H. Request permission to issue a purchase order to Branching Out, Inc., for the removal of existing fuel underground tanks and dispensers at Fire Station No. 4, located at 5520 Northwest 37 Avenue, in a total expense amount not to exceed $38,250.00. The approval of this item requires the waiving of competitive bidding, since it is advantageous to the City in that this vendor provided the City with the lowest quotation. The funding for the expenditure will be drawn against the General Fund - Contractual Services Account No. 001.3220.591.340. (FLEET AND MAINTENANCE DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. I. Request permission to increase Purchase Order No. 2023-323, issued to VisualScape, Inc., for the payment of invoices for landscaping services for the City’s passive park, Garden of the Arts, during the months of March, April, May and June, by an additional amount of $25,000.00, for a new total cumulative expense amount not to exceed $50,000.00. The approval of the item requires the waiving of competitive bidding, since it is advantageous to City in that the City’s Parks and Recreation Department is currently working with the Purchasing Division on finalizing the bid process for this service. The funding for the expenditure will be drawn against the General Fund – Contractual Services – Landscape Account No. 001.3130.572.342. 5/25/2023 12:01 PM  (PARKS AND RECREATION DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. J. RESOLUTION: Proposed resolution ratifying and approving the Memorandum of Understanding between the Hialeah Civil Service Employees Association/AFSCME, Local 161 and the City of Hialeah providing an amendment to the Collective Bargaining Agreement effective through September 30, 2023 pertaining to the classifications and pay ranges of certain 911 Public Safety Communications Division positions. (ADMINISTRATION) (HUMAN RESOURCES DEPARTMENT) APPROVED 5-0-2 RESOLUTION NO. 2023-053 REPORT: Elsa Jaramillo-Velez, City of Hialeah Human Resources Director, spoke on the item. REPORT: Eddie Perez, AFSCME Union President, with a work address of 900 East 56th Street, spoke on the item. Motion to Approve Consent Item J made by Council Member Calvo, and seconded by Council Member Casáls-Muñoz. Motion passes 5-0-2 with Council Member Zogby absent and Council Member Tundidor not present during the call for vote. Council Member Tundidor recorded his vote as “Yes” after the motion to approve had passed. K. Request permission to utilize City of Fort Lauderdale contract awarded pursuant to Invitation to Bid No. 12542-312 - Asphaltic Concrete, effective through July 31, 2023, and issue a purchase order to Weekley Asphalt Paving, Inc., for the purchase of asphaltic concrete for citywide roadway resurfacing on an as needed basis, in a total expense amount not to exceed $275,000.00. The funding for this expenditure will be drawn against Capital Outlay – Roadway Resurfacing Account No. 120.3210.541.646. (STREETS) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. L. Request permission to award City of Hialeah Invitation to Bid No. 2022-23-3211-12-017 – French Drain Installation Project, to Quality Paving Corp., lowest and responsible bidder, and issue a purchase order to this vendor, for services of furnishing, installing and testing all appurtenances associated with the French Drain Installation Project and restoration work, in a total cumulative expense amount not to exceed $400,000.00. The funding for the expenditure will be drawn against the Stormwater Utility Fund – Drainage/Const. Repair Account No. 475.3211.530.643. 5/25/2023 12:01 PM  (STREETS) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. M. Request permission to utilize Sourcewell Contract No. 011822-LXP – Public Safety Training Equipment, effective through March 23, 2026, and issue a purchase order to Lexipol, LLC, for the purchase of annual policy manual services and daily training bulletins with supplemental publication services and fire operations procedures (SOP) for the City’s Fire Department, in a total expense amount not to exceed $70,510.26, of which $16,471.41 will be paid by September 30, 2023 for fiscal year 2022-2023 and the remaining balance of $54,038.85 will be paid by September 30, 2024 for fiscal year 2023-2024. The funding for the expenditure will be drawn against the Fire Rescue Transportation Fund – Contractual Services Account No. 109.2000.522.340. (FIRE DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. N. Request permission to increase Purchase Order No. 2023-312, issued to K.V.P. Enterprises, Inc. (formerly known as Expert Diesel), for the purchase of Original Equipment Manufacturer (OEM) Cummins parts for all heavy-duty engines, including all fire apparatus and City transit buses, by an additional amount of $50,000.00, for a new total cumulative expense amount not to exceed $75,000.00. On October 25, 2022, the City Council approved the usage of a pool of vendors established pursuant to Miami-Dade County Bid No. FB - 00399 – Purchase of Original Equipment Manufacturer (OEM) and Original Equipment (OE) Parts and Services, effective through May 31, 2023, for the purchase of parts and services for forklifts, vehicles, heavy equipment, trailers, small engines, landscaping, etc. The funding for the expenditure will be drawn against the General Fund – Inventory – Auto Parts Account No. 001.0000.141.120. (FLEET AND MAINTENANCE DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. O. Request permission to issue a purchase order to Springbrook, LLC, sole source vendor and developer of the billing system used by the City’s Department of Public Works, for the annual support and maintenance for web payments, pay by phone and utility billing systems, in a total expense amount not to exceed $163,943.81. The funding for the expenditure will be drawn against the Water & Sewers Division Fund - Repair & Maintenance Equipment Account No. 450.9500.536.462. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-0-1 5/25/2023 12:01 PM  REPORT: Kevin Lynskey, with the City’s Department of Public Works, spoke on the item. REPORT: Rubi Ruth, City’s Executive Director of Finance Management, spoke on the item. REPORT: Ricardo Suarez, Chief Information Officer for the City of Hialeah, 501 Palm Avenue, spoke on the item. Motion to Approve Consent Item O made by Council Member Calvo, and seconded by Council Member Casáls-Muñoz. Motion passes 6-0-1 with Council Member Zogby absent. P. Request permission to issue two purchase orders to Consolidated Pipe & Supply Company, Inc., sole source vendor of Zenner meters, with the first purchase order in the amount of $34,900.00 to purchase five hundred (500) 5/8-inch Zenner water meters, and the second purchase order in the amount of $63,834.00 for the purchase of forty (40) 1-inch water meters, one hundred (100) 2- inch water meters and twenty (20) 3-inch meters, in a total cumulative expense amount not to exceed $98,734.00. The funding for this expenditure is to be withdrawn from the Water & Sewers Division Fund – Inventory – Meters & Meter Boxes Account No. 450.0000.141.004. (DEPARTMENT OF PUBLIC WORKS) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. Q. Request permission to utilize Clay County Request for Proposed No. 18-19-2 – Various Equipment and Amenities for Parks and Playgrounds, effective through May 24, 2023, and issue a purchase order to Musco Sports Lighting, LLC, for the purchase and installation of new sports lighting system at Ten Hendricks Stadium and Milander Park general field, in a total expense amount not to exceed $652,500.00, in addition to a five percent (5%) contingency in the amount of $32,625.00, for a total cumulative expense amount not to exceed $685,125.00. The funding for this expenditure will be drawn against the Park, Recreation and Open Space Fund – Capital Outlay – Infrastructure Account No. 342.3130.572.630. (PARKS AND RECREATION DEPARTMENT) APPROVED 6-0-1 REPORT: William Sanchez, Director of the Hialeah Department of Parks and Recreation, spoke on the item. REPORT: Michael Festa, Assistant Director of Hialeah Department of Parks and Recreation, spoke on the item via zoom. REPORT: Mayor Bovo spoke on the item. Motion to Approve Consent Item Q made by Council Member Calvo, and seconded by Council Member Casáls-Muñoz. Motion passes 6-0-1 with Council Member Zogby 5/25/2023 12:01 PM  absent. R. Request permission to increase Purchase Order No. 2023-241, issued to Beefree, LLC, to pay for the cost of Freebee service for the remainder of the fiscal year, inclusive of the service area expansion, by an additional amount of $186,142.24, for a total cumulative expense amount not to exceed $433,444.74. The funding for this expenditure will be drawn against CITT Surtax - Hialeah Circulation Fund - Contractual Services Account No. 130.3220.544.340. (TRANSIT) APPROVED 5-1-1 REPORT: Justo Espinoza, City’s Transit Manager, spoke on the item. Motion to Approve Consent Item R made by Council Member Tundidor, and seconded by Council Member Casáls-Muñoz. Motion passes 5-1-1 with Council Member Calvo voting “No” and Council Member Zogby absent. S. Request permission to enter into a three (3) year Service Agreement with this vendor, and issue a purchase order to Williams Scotsman, Inc., for the replacement and leasing of a trailer that serves as the Hialeah Transit Office, in a total expense amount not to exceed $67,415.00. The approval of the item requires the waiving of competitive bidding, since it is advantageous to City in that the City’s Transit Department has utilized the services of this vendor for the past fifteen (15) years and the vendor is the City’s current trailer distributor. The funding for this expenditure will be withdrawn against CITT Surtax - Hialeah Circulator Fund – Capital Outlay – Buildings Account No. 130.3220.544.620. (TRANSIT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. T. RESOLUTION: Proposed resolution amending the City’s Action Plan for federal funds for the Program Years 2018, 2019, 2020, 2021 and 2022 for Community Development Block Grant (CDBG) Program in the amount of $2,905,484.16; authorizing the (1) execution of all applicable documents related to the appropriation and allocation of these program funds; (2) submission of the amended one-year action plan to HUD for the program years impacted; further authorizing the Mayor and City Clerk to execute intradepartmental agreements for sub-recipient of these funds; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. RESOLUTION NO. 2023-054 5/25/2023 12:01 PM  U. Request permission to issue a purchase order to Waste Connections of Osceola County, LLC, owner and operator of the JED Landfill in Osceola County, Florida, a sole source non-hazardous special waste landfill permitted to meet or exceed federal design and operating criteria included in Resource Conservation and Recovery Act Regulations, for the testing, hauling and disposal of non-hazardous special waste from the cleaning of storm drains on an as-needed basis, at a rate of $50.00 per ton, in a total cumulative amount not to exceed $100,000.00. The funding for this expenditure will be drawn against Stormwater Utility Fund – Utility – Waste Disposal Account No. 475.3211.530.434. (STREETS) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. V. ADD-ON ITEM RESOLUTION: Proposed resolution authorizing and approving the terms of an agreement with RollKall Technologies, LLC, a Texas limited liability company, for extra-duty Police Officer scheduling “Rollkall Complete Self-Serve Platform” software, for a term ending September 30, 2023 with four additional one year renewals, in substantial conformity with the agreement attached hereto and made a pert hereof as Exhibit “1” to this resolution; authorizing the Mayor, and the City Clerk, as attesting witness, to execute the agreement on behalf of the City; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 5-0-2 with Council Member Tundidor not present during the call for vote and Council Member Zogby absent. RESOLUTION NO. 2023-055 11. ADMINISTRATIVE ITEMS 11 A. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Hialeah Code of Ordinances Chapter 2, entitled “Administration”, Article VII. “City Property”, §2-902 “Disposal of City Property.”; authorizing the gift of service firearms to qualified retired City of Hialeah law enforcement officers upon retirement and authorizing the gift of the City of Hialeah Police canine to its handler upon retirement; 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. (ADMINISTRATION) On March 28, 2023, the City Council approved the proposed ordinance on first reading. APPROVED 6-0-1 with Council Member Zogby absent. 5/25/2023 12:01 PM  ORDINANCE NO. 2023-056 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item 11A made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Member Zogby absent. 12. UNFINISHED BUSINESS REPORT: None. 13. NEW BUSINESS REPORT: None. 14. ZONING REPORT: The Planning and Zoning portion of the meeting commenced at 8:14 p.m. REPORT: All were duly sworn in. PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Variance Permit to allow the expansion of a non-conforming use by allowing a 125% building footprint increase of an existing duplex approved in 1948; approve front setback of 17.67 feet, where 25 feet are required; allow rear setback of 20 feet, where 25 feet are required; and allow lot coverage of 31.3%, where 30% is the maximum allowed, subject to the condition that the property will be platted before the issuance of a Certificate of Occupancy and that the applicant will be responsible for the infrastructure upgrade that might be required for the proposed building expansion; all contra to Hialeah Code of Ordinances §§ 98-545, 98-547 and 98-2056 (b)(2). Property located at 501 East 59 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 May 9, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 23, 2023. On April 25, 2023, the item was postponed by the City Council until May 9, 2023. First reading was scheduled for May 9, 2023. 5/25/2023 12:01 PM  Registered Lobbyist: Frank De La Paz, 11000 Southwest 104th Street, Unit 2804, Miami, Florida 33116, on behalf of Suniel Arzola. On April 12, 2023, the Planning and Zoning Board recommended approval with the condition that the property is platted before the issuance of a Certificate of Occupancy, and that the applicant will be responsible for the infrastructure upgrade that might be required for the proposed building expansion. Planner’s Recommendation: Approve a variance to allow the expansion of a non-conforming use by allowing 125% building footprint increase of an existing duplex approved in 1948, approve front setback of 17.67 feet and rear setback of 20 feet and 31.3% lot coverage subject to the condition that the property will be platted before the issuance of a certificate of occupancy and that the applicant will be responsible for the infrastructure upgrade that might be required for the proposed building expansion. Property Owners: Suniel Arzola, 1140 West 32nd Street, Hialeah, Florida 33012 APPROVED 6-0-1 with Council Member Zogby absent. ORDINANCE NO. 2023-057 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item PZ 1 made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Member Zogby absent. PZ 2. LU 1 NEEDS TO BE CONSIDERED PRIOR TO THE CONSIDERATION OF ITEM PZ 2. REPORT: Item LU 1 was considered by the City Council at this time. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning properties from R-1 (One-Family District) to TOD (Transit Oriented Development District). Properties located at 901 East 27 Street, 921 East 27 Street, 931 East 27 Street, 941 East 27 Street, 951 East 27 Street, 957 East 27 Street, 967 East 27 Street, 971 East 27 Street, 981 East 27 Street, 991 East 27 Street, 902 East 28 Street, 912 East 28 Street, 922 East 28 Street, 932 East 28 Street, 952 East 28 Street, 962 East 28 Street, 972 East 28 Street, 982 East 28 Street, 992 East 28 Street and 2740 East 10 Avenue, 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 May 9, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 23, 2023. Registered Lobbyist: Jorge L. Navarro, 333 Southeast 2nd Avenue, 41st Floor, Miami, Florida 33131, on behalf of Taves Capital Group, LLC. Registered Lobbyist: Carlos Diaz, 333 Southeast 2nd Avenue, 41st Floor, Miami, Florida 5/25/2023 12:01 PM  33131, on behalf of Taves Capital Group, LLC. On April 26, 2023, the Planning and Zoning board recommended approval of the item. Planner’s Recommendation: Approval. Property Owners: Please refer to Exhibit B to the City of Hialeah Application for Rezoning/Variance Hearing, for a list of the owner(s) of each subject property. APPROVED 5-0-2 with Council Member Rodriguez not present during roll call, and Council Member Zogby absent. ORDINANCE NO. 2023-058 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item PZ 2 made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 5-0-2 with Council Member Rodriguez not present during the call for vote and Council Member Zogby absent. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve had passed. PZ 3. LU 2 NEEDS TO BE CONSIDERED PRIOR TO THE CONSIDERATION OF ITEM PZ 3. REPORT: Item LU 2 was considered by the City Council at this time. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning properties from R-1 (One-Family District), R-3-4 (Multiple-Family District) and C-1 (Restricted Retail Commercial District) to TOD (Transit Oriented Development District); allow a variance permit to allow a maximum building height of 10 stories, where 8 stories is the maximum allowed; contra to Hialeah Code of Ordinances §98-1544(c)(2); properties located at 965 East 24 Street, 975 East 24 Street, 981 East 24 Street, 991 East 24 Street, 997 East 24 Street, 934 East 25 Street and 954 East 25 Street, Hialeah, zoned R-1 (One-Family District), R-3-4 (Multiple-Family District) and 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 May 9, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 23, 2023. Registered Lobbyist: Jorge L. Navarro, 333 Southeast 2nd Avenue, 41st Floor, Miami, Florida 33131, on behalf of Saber South Hialeah, LLC. Registered Lobbyist: Carlos Diaz, 333 Southeast 2nd Avenue, 41st Floor, Miami, Florida 33131, on behalf of Saber South Hialeah, LLC. On April 26, 2023 the Planning and Zoning board recommended approval of the item. Planner’s Recommendation: Approval. 5/25/2023 12:01 PM  Property Owners: (1) Saber South Hialeah, LLC, 975 East 24 Street, (2) Saber South Hialeah II, LLC, 965 East 24th Street and (3) Elizabeth Delgado, 981, 991 and 997 East 24th Street. APPROVED 5-0-2 with Council Member Rodriguez not present during roll call, and Council Member Zogby absent. ORDINANCE NO. 2023-059 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item PZ 3 made by Council Member Casáls-Muñoz, and seconded by Council Vice-President Garcia-Roves. Motion passes 5-0-2 with Council Member Rodriguez not present during the call for vote and Council Member Zogby absent. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve had passed. PZ 4. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Variance Permit to allow 3 parking spaces, where 16 parking spaces are required; allow back-out parking in a commercial area, where back-out parking is only allowed in Low-Density Residential; and allow a waiver of landscape requirements; contra to Hialeah Code of Ordinances §98-2189(15), 98-2190 and City of Hialeah Landscape Manual, latest edition dated July 9, 2015. Property located at 242 West 23 Street, Hialeah, 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. WITHDRAWN – The applicant withdrew the application. On April 25, 2023, the item was postponed until May 23, 2023, per the applicant’s request. On April 11, 2023, the City Council approved the item on first reading. Second reading and public hearing was scheduled for April 25, 2023. Registered Lobbyist: Sara Do Nascimento Santos, 7211 Venetian Street, Apt. 1, Miramar, Florida 33023, on behalf of Puig Maier LLC. On March 29, 2023, the Planning and Zoning Board recommended approval with the condition that the automated lab operate with a maximum staffing of two employees, and provided that if the lab ceases operation, then the parking variance will be rescinded and the property will be operated as industrial. Planner’s Recommendation: Approval with conditions. Property Owners: Jorge Commelinid and Marco Fabian, 1172 South Dixie Highway, Suite 379, Coral Gables, Florida 33146, and Claudio A. Barrell, 10275 Collins Avenue, Suite 734, Bal Barbour, Florida 33154 5/25/2023 12:01 PM PZ 5. 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-4 grade elementary school with a maximum capacity of 100 students in conjunction with a 43 children daycare; Property located at 1905 West 35 Street, Hialeah, 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. On April 25, 2023, the item was postponed until May 23, 2023, per the applicant’s request. On March 28, 2023, the item was postponed until April 25, 2023, per the applicant’s request. On March 14, 2023, the item was postponed until March 28, 2023 due to the need to advertise the new date scheduled for the second reading of the item. On February 28, 2023, the City Council approved the item on first reading. Second reading and public hearing was scheduled for March 14, 2023. On February 14, 2023, the item was postponed until February 28, 2023, per the applicant’s request. Registered Lobbyist: Ceasar Mestre, Esq., 8105 NW 155 Street, Miami Lakes, Florida 33016, on behalf of Growing Treasures Private School, Corp. On January 25, 2023, the Planning and Zoning Board recommended approval with the following conditions: (1) that cars on the proposed pick-up/drop-off lane need to enter through the West 20th Avenue entrance and exit through the one on West 25th Street, (2) a minimum of 2 staff members need to assist in traffic circulation and pick-up/drop-off to make sure cars enter on West 20th Avenue, exit on West 35th Street, and move quickly, (3)bollards need to be installed around the entire perimeter of the playground within 3 months of the approval of the ordinance, (4) expansion of the original daycare into an adjacent bay needs to be legalized if no proof of permit is provided, and (5) school operator needs to make sure that dumpsters are within the walls built for that purpose and not interrupting the area designated for the drop- off pick-up lane. Planner’s Recommendation: Approve with conditions. Property Owner: Growing Treasures Private School Corp., 1905 West 35th Street, Hialeah, FL 33012 Jacqueline Sonra, 16801 NW 77 Place, Miami Lakes, Florida 33016. Madeline Paredes, 2950 SW 174 Way, Miramar, Florida 33029. APPROVED 5-0-2 with Council Member Rodriguez not present during roll call, and Council Member Zogby absent. ORDINANCE NO. 2023-060 REPORT: Ceasar Mestre, registered lobbyist, on behalf of the applicant, addressed the City Council via Zoom. 5/25/2023 12:01 PM  REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item PZ 5 made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 5-0-2 with Council Member Rodriguez not present during the call for vote and Council Member Zogby absent. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve had passed. PZ 6. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow 36.9% lot coverage, where 30% is the maximum allowed; allow 18 feet rear setback, where 20 feet is the minimum required; and allow 3.25 feet south side setback, where 5 feet 1-inch are required for legalization of additions built without the benefit of a building permit; contra to City of Hialeah, Fla., Ordinance No. 84-170 that allows single-family type units on property zoned R-3-5 (Multiple Family District) and contra to §§ 98-591 and 98-2056(b). Property located at 6277 West 22 Lane, Hialeah, zoned R-3-5 (Multiple-Family District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On April 25, 2023, the item was tabled by the City Council until May 23, 2023. First reading is scheduled for May 23, 2023. On April 12, 2023, the Planning and Zoning Board recommended approval with the conditions that the addition remain a terrace open on three sides and that 30% pervious area is provided. Planner’s Recommendation: Approve lot coverage and setback variances with the conditions that the addition remain a terrace open on three sides and that 30% pervious area is provided. Property Owners: Argelia Leon, 6277 West 22 Lane, Hialeah, Florida 33016. APPROVED 5-0-2 with Council Member Rodriguez not present during roll call, and Council Member Zogby absent. REPORT: Emilio Agrenot, 11510 Southwest 185th Street, on behalf of the applicant, spoke on the item. REPORT: Mr. Emilio Agrenot has not registered with the City of Hialeah as a lobbyist for this issue. REPORT: Motion to Approve Item PZ 6 made by Council Member Tundidor, and seconded by Council Member Casáls-Muñoz. Motion passes 5-0-2 with Council Member Rodriguez not present during the call for vote and Council Member Zogby absent. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve had passed. REPORT: Second reading and public hearing is scheduled for June 13, 2023. PZ 7. ORDINANCE: First reading of proposed ordinance rezoning property from C-2 (Liberal Retail Commercial District) to R-3-5 (Multiple – Family District). Granting a variance permit to allow 15 parking spaces, where 16 parking spaces are required; allow 2.5 feet interior side setback, where 5/25/2023 12:01 PM  10 feet are required; and allow 22% pervious area, where 30% is the minimum required; all contra to Hialeah Code of Ordinances §§ 98-2189(19)(b), 98-590 and 98-2056(b)(2). Property located at 3090 Palm 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. Registered Lobbyist: Cesar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida on behalf of Thirty Palms Inc. On May 10, 2023 the Planning and Zoning board recommended approval with the condition that legalization process be completed within 18 months including compliance with landscaping regulations and the re-location of the laundry room. Planner’s Recommendation: Approve the rezoning from C-2 (Liberal Retail Commercial District) to R-3-5 (Multiple-Family District) with the condition that the legalization process be completed within 18 months, including compliance with landscaping regulations and the re-location of the laundry room. Property Owners: (1) Thirty Palms Inc., (2) Cesar Munoz and (3) Marlene Munoz, 144 Hialeah Drive, Hialeah, Florida 33010. APPROVED 5-0-2 with Council Member Rodriguez not present during roll call, and Council Member Zogby absent. REPORT: Ceasar Mestre, registered lobbyist, on behalf of the applicant, addressed the City Council via Zoom. REPORT: Motion to Approve Item PZ 7 made by Council Member Tundidor, and seconded by Council Member Casáls-Muñoz. Motion passes 5-0-2 with Council Member Rodriguez not present during the call for vote and Council Member Zogby absent. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve had passed. REPORT: Second reading and public hearing is scheduled for June 13, 2023. PZ 8. ORDINANCE: First reading of proposed ordinance granting a variance permit to allow 3 parking spaces, where 11 parking spaces are required for a proposed 1,570 square feet banquet hall to be located within a warehouse condominium bay; contra to Hialeah Code of Ordinances § 98- 2189(3). Property located at 2250 West 10 Avenue, Unit 10, 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 May 10, 2023 the Planning and Zoning board recommended approval of the item with the condition that the parking variance be allowed only for the proposed business and during the hours that the extra parking spaces are available Monday through Sunday starting at 6:00 p.m. Planner’s Recommendation: Approve with conditions. Property Owners: Fantastic Events Inc and Yudinis Diaz, 2250 West 10 Avenue, Hialeah, 5/25/2023 12:01 PM  Florida 33010. APPROVED 6-0-1 with Council Member Zogby absent. REPORT: Yudinis Diaz, 2250 West 10th Avenue, applicant, spoke on the item. REPORT: Debora Storch, City of Hialeah Planning Official, spoke on this item. REPORT: Motion to Approve Item PZ 8 made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Member Zogby absent. REPORT: Second reading and public hearing is scheduled for June 13, 2023. PZ 9. ORDINANCE: First reading of proposed ordinance approving a Final Plat of Baracoa Palms Subdivision; accepting all dedication of avenues, streets, roads, or other public ways, together with all existing and future planting of trees. Property located at 4597 and 4599 Palm Avenue, zoned R-3-5 (Multiple-Family District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Owner: Milander Apartments LLC, 16400 NW 59 Avenue, Miami Lakes, Florida 33014. APPROVED 6-0-1 with Council Member Zogby absent. REPORT: Motion to Approve Item PZ 9 made by Council Member Calvo, and seconded by Council Member Tundidor. Motion passes 6-0-1 with Council Member Zogby absent. REPORT: Second reading and public hearing is scheduled for June 13, 2023. 15. LAND USE LU 1. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Transit Oriented Development District. Properties located at 901 East 27 Street, 921 East 27 Street, 931 East 27 Street, 941 East 27 Street, 951 East 27 Street, 957 East 27 Street, 967 East 27 Street, 971 East 27 Street, 981 East 27 Street, 991 East 27 Street, 902 East 28 Street, 912 East 28 Street, 922 East 28 Street, 932 East 28 Street, 952 East 28 Street, 962 East 28 Street, 972 East 28 Street, 982 East 28 Street, 992 East 28 Street and 2740 East 10 Avenue, 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 May 9, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 23, 2023. Registered Lobbyist: Jorge L. Navarro, 333 Southeast 2nd Avenue, 41st Floor, Miami, Florida 33131, on behalf of Taves Capital Group, LLC. 5/25/2023 12:01 PM  Registered Lobbyist: Carlos Diaz, 333 Southeast 2nd Avenue, 41st Floor, Miami, Florida 33131, on behalf of Taves Capital Group, LLC. On April 26, 2023 the Planning and Zoning board recommended approval of the item. Planner’s Recommendation: Approval. Property Owners: Please refer to Exhibit B to the City of Hialeah Application for Rezoning/Variance Hearing, for a list of the owner(s) of each property. APPROVED 5-0-2 with Council Member not present during roll call, and Council Member Zogby absent. ORDINANCE NO. 2023-061 REPORT: Carlos Diaz, registered lobbyist, on behalf of the applicant, addressed the City Council. REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item LU 1 made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 5-0-2 with Council Member Rodriguez not present during the call for vote and Council Member Zogby absent. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve had passed. LU 2. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Low-Density Residential and High-Density Residential to Transit Oriented Development District. Properties located at 965 East 24 Street, 975 East 24 Street, 9811 East 24 Street, 991 East 24 Street, 997 East 24 Street, Hialeah, zoned R-1 (One-Family District) and R-3-4 (Multiple-Family District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On May 9, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 23, 2023. Registered Lobbyist: Jorge L. Navarro, 333 Southeast 2nd Avenue, 41st Floor, Miami, Florida 33131, on behalf of Saber South Hialeah, LLC. Registered Lobbyist: Carlos Diaz, 333 Southeast 2nd Avenue, 41st Floor, Miami, Florida 33131, on behalf of Saber South Hialeah, LLC. On April 26, 2023 the Planning and Zoning board recommended approval. Planner’s Recommendation: Approval. 5/25/2023 12:01 PM  Property Owners: (1) Saber South Hialeah, LLC, 975 East 24th Street, (2) Saber South Hialeah II, LLC, 965 East 24th Street and (3) Elizabeth Delgado, 981, 991 and 997 East 24th Street. APPROVED 5-0-2 with Council Member not present during roll call, and Council Member Zogby absent. ORDINANCE NO. 2023-062 REPORT: Council President Perez opened the item for public participation and no member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Item LU 2 made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 5-0-2 with Council Member Rodriguez not present during the call for vote and Council Member Zogby absent. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve had passed. 16. CITY COUNCIL DISCUSSION REPORT: None. 17. ADJOURNMENT A. REPORT: The meeting was adjourned by Council President Perez at 8:42 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, August 22, 2023 at 6:30 p.m. NEXT CITY COUNCIL MEETING: Tuesday, June 13, 2023 at 7:00 p.m. FIRST BUDGET HEARING FOR 2024 FISCAL YEAR: September 13, 2023 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) 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. 5/25/2023 12:01 PM 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). 5/25/2023 12:01 PM