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City Council

Regular Meeting

Hialeah, FL · September 26, 2023

AgendaMinutes

Minutes

Esteban Bovo, Jr. Council Members Mayor Bryan Calvo Vivian Casàls-Muñoz Monica Perez Luis Rodriguez President Jesus Tundidor Carl Zogby Jacqueline Garcia-Roves Vice President City Council Meeting Minutes September 26, 2023 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council Vice President Garcia-Roves called the meeting to order at 7:06 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with Council President Perez and Council Member Calvo absent. 3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE A. Council Member Rodriguez 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 10/6/2023 1:44 PM  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 for the record. 6. PRESENTATIONS A. Mayor’s Report: Update on Fiscal Year 2022-2023 Capital Projects (OFFICE OF THE MAYOR) REPORT: Mayor Bovo spoke. REPORT: The following City of Hialeah officials presented a PowerPoint Presentation to the City Council on Capital Projects completed during Fiscal Year 2022-2023: 1. Jose Sanchez, Director of Streets 10/6/2023 1:44 PM 2. Michael Festa, Deputy Director of Parks and Recreation 3. Jorge Martinez, Director of Construction and Maintenance 4. Kevin Lynsky, Public Works Director 5. Willians Guerra, Fire Chief 6. George Fuente, Chief of Police 7. Yesenia Gruich, Occupational License Official 8. Ricardo Suarez, Chief Information Officer 9. Justo Espinosa, Transit Manager REPORT: A copy of the PowerPoint Presentation is on file with the Office of the City Clerk. 7. COMMENTS AND QUESTIONS A. REPORT: The Office of the City Clerk did not receive any email message to be read into the record from a person interested in making comments or posing questions on matters of public concern. B. REPORT: No member of the public participating via Zoom expressed interest in making comments or posing questions on matters of public concern. C. REPORT: Three (3) members of the public present in the Council Chambers expressed interest in speaking during this portion of the meeting. 1. Maria Gonzalez “Milly”, 1755 West 72 Street, spoke regarding the recreational vehicle proposed legislation. 2. Juan Santana, 5601 West 10th Avenue, spoke on the appointment of a Code Compliance Director and developments being approved. 3. Eric Johnson, Local 1102, spoke regarding the Hialeah Fire Department. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA None reported. 9. BOARD APPOINTMENTS None reported. 10. CONSENT AGENDA 10/6/2023 1:44 PM 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: Item 11 D, was considered out of the order of the agenda prior to the Consent portion of the agenda, per Council Vice President Garcia-Roves’ direction, with no opposition from the rest of the City Council. REPORT: Motion to Approve the Consent Agenda made by Council Member Tundidor, and seconded by Council Member Rodriguez. Motion passes with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. Council Member Casàls-Muñoz recorded her vote as “Yes” after the Consent Agenda was approved. A. Request permission to approve the minutes of the City Council Meeting held on September 12, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. B. Request permission to cancel the City Council Meeting of November 28, 2023 pursuant to Section 3.01 of the City’s Charter in observance of the Thanksgiving Holiday. (ADMINISTRATION) (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, Council President Perez and Council Member Calvo absent. C. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Lake County Contract No. 22-730C with Fisher Scientific Company, LLC for certain fire equipment referenced below; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Fisher Scientific, LLC in the amount not to exceed $62,784.52, for the purchase of Rapid Intervention Team (R.I.T.) bags and self-contained breathing apparatus (SCBA) packs to be utilized by the City of Hialeah Fire Department, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor to enter into a Supplemental Agreement attached hereto and made a part hereof as “Exhibit B”, and providing for an effective date. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. RESOLUTION NO. 2023-107 D. Request permission to issue a purchase order to ImageTrend, LLC, to pay for services rendered since October 2022 in the nature of Electronic Patient Care Reporting (ePCR), data management, 10/6/2023 1:44 PM and analysis tools, in a total cumulative amount not exceed $84,000.00. The approval of the item requires the waiving of competitive bidding, since it is advantageous to the City in that this vendor is the software the Hialeah Fire Department currently uses. The funding for this expenditure will be drawn against the Fire Rescue Transportation Fund – Licenses & Permits Account No. 109.2000.522.493. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. E. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to enter into an agreement with ANRO Enterprises, Inc. d/b/a Diago Dry Cleaners to provide uniform laundry services for Fire Administration and all nine (9) fire stations, in an amount not to exceed $38,000.00 in substantial conformity with the quote attached hereto and made a part hereof as Exhibit “1”; and providing for an effective date. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. RESOLUTION NO. 2023-108 F. Request permission to amend Consent Item No. E, approved by the City Council on February 14, 2023, and issue a purchase order to Forge Fire & Company, LLC, sole source vendor of comprehensive modular and interchangeable bolt-in construction systems for first responders, to include the expenditure of the removal of the existing fire training building, as well as for the delivery, setup, installation and anchor of the new fire non-burn training prop building to be located at Hialeah Fire Station No. 7, by an additional amount of $73,000.00, for a new total expense amount not to exceed $432,900.00, total which is budgeted in the City’s fiscal year 2023 budget. On February 14, 2023, the City Council approved the purchase of the non-burn training prop building for $359,900.00. The funding for this expenditure is to be charged to the Fire Rescue Transportation Fund - Capital Outlay Infrastructure Account No. 109.2000.522.630. (FIRE DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. G. Request permission to increase Purchase Order No. 2023-307, issued to Cano Health, LLC, for the service of pre-employment examinations for new hires, by an additional amount of $12,000.00, for a new total cumulative expense amount to not exceed $52,000.00. The funding for this expenditure will be drawn against the General Fund – Professional Services Account No. 001.4100.513.310. 10/6/2023 1:44 PM (HUMAN RESOURCES DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. H. Request permission to increase Purchase Order No. 2023-955, issued to Sentry Industries, Inc., for the payment of outstanding invoices of the delivery and application of sodium hypochlorite to maintain all City pool facilities for the remainder of the 2023 fiscal year, by an additional amount of $33,486.30, of which $21,486.30 is for pending invoices and $12,000.00 is to cover invoices received for the month of September, for a new total cumulative expense amount not to exceed $118,486.30. The approval of the item requires the waiving of competitive bidding, since it is advantageous to the City, in that this vendor is a long-time partner with the City providing a high-quality level of service. The funding for this expenditure is to be charged to the General Fund – Repair & Maint – Pools Account No. 001.3130.572.464. (PARKS AND RECREATION DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. I. Request permission to increase Purchase Order No. 2023-946, issued to Carlon, Inc., doing business as Broward Nelson Fountain Service, for the delivery and filling of carbon dioxide to all City pool facilities for the remainder of the 2023 fiscal year, by an additional amount of $5,971.00, for a new total cumulative expense amount not to exceed $30,746.00. The approval of the item requires the waiving of competitive bidding, since it is advantageous to the City, in that this vendor is a long-time partner with the City providing a high-quality level of service without delays. The funding for this expenditure is to be charged to the General Fund – Repair & Maint – Pools Account No. 001.3130.572.464. (PARKS AND RECREATION DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. J. RESOLUTION: Proposed resolution to accept grant monies awarded to the City of Hialeah, Florida, as participating agency, by the Florida Department of Law Enforcement – JAG21 Grant, under the administration of the U.S. Department of Justice, Bureau of Justice Assistance, in the total amount of $41,053.00, to assist the Hialeah Police Department in purchasing Crime Analysis Software and support services for use of said software by the Police Department, and approving the utilization of the grant monies for the purchase of referenced software and support services by September 30, 2024; and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof and accept the awarded grant, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. 10/6/2023 1:44 PM RESOLUTION NO. 2023-109 K. Request permission to issue a purchase order to The Corradino Group, Inc., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services, for design services for roadway and drainage improvements to West 32nd Avenue, from West 68th Street to West 76th Street, in a total expense amount not to exceed $198,260.00, subject to final budget approval. The funding for this expenditure will be drawn against the 303 West 32 Ave. 68 St to 76 St Fund – Professional Services Account No. 303.3210.541.310. (STREETS) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. L. Request permission to issue a purchase order to SRS Engineering, Inc., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services, for design services for roadway and drainage improvements to East 13th Street, from East 6th Avenue to East 10th Avenue, in a total expense amount not to exceed $79,267.35. The funding for this expenditure will be drawn against the 120 CITT Surtax – Transportation Fund – Professional Services Account No. 120.3210.541.310. (STREETS) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. M. Request permission to issue a purchase order to SRS Engineering, Inc., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services, for design services for roadway and drainage improvements to East 2nd Avenue to East 4th Avenue from East 63th Street to East 65th Street, in a total expense amount not to exceed $82,576.83. The funding for this expenditure will be drawn against the E 2 to 4 Ave. 63 to 65 St Fund – Professional Services Account No. 304.3210.541.310. (STREETS) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. N. Request permission to issue a purchase order to SRS Engineering, Inc., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services, for design services for roadway and drainage improvements to East 8th Avenue to East 10th Avenue from East 45th Street to East 49th Street, in a total expense amount not to exceed $261,244.82. 10/6/2023 1:44 PM The funding for this expenditure will be drawn against the E 8 Ave to 10 Ave. 45 to 49 St Fund – Professional Services Account No. 302.3210.541.310. (STREETS) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. O. Request permission to issue a purchase order to R.J. Behar & Company, Inc., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services, for design services for roadway and drainage improvements to East 8th Avenue to East 10th Avenue from East 41th Street to East 45th Street, in a total expense amount not to exceed $299,724.00. Funding in the amount of $175,000.00 for this expenditure will be drawn against the E 8 Ave to 10 Ave. 41 St to 45 St Fund – Professional Services Account No. 301.3210.541.310 and $124,724.00 will be drawn against the Stormwater Utility Fund – Professional Services Account No. 475.3211.530.310. (STREETS) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. P. RESOLUTION: Proposed resolution approving a piggyback contract by the Florida Sheriff’s Association Contract No. FSA22-VEH20.0 – Heavy Trucks and Buses with Rechtien International Trucks for the purchase of one 2024 International HV Water Truck, Spec 108, to be utilized by the City of Hialeah Streets Department; and authorizing the Mayor of his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Rechtien International Trucks in the amount not to exceed $227,893.00 for the purchase of referenced water truck; and providing for an effective date. (STREETS) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. RESOLUTION NO. 2023-110 Q. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to enter into a Professional Services Agreement with Medina Brothers Plumbing Supplies, Inc., to provide plumbing supplies in an amount not to exceed $30,000.00; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. RESOLUTION NO. 2023-111 10/6/2023 1:44 PM R. Request from Richard Centauro of Tents N Events, on behalf of Home Depot USA Inc., for a Christmas tree sale permit, with the installation of a temporary canopy on Monday, October 30, 2023 and take down of the canopy on Monday, December 25, 2023, and with sales commencing on Saturday, November 18, 2023 and ending on Monday, December 18, 2023, at Home Depot Store No. 6378, located at 950 Southeast 12 Street, Hialeah, Florida, in accordance with the requirements of the Hialeah Risk Management Department, Hialeah Fire Department and Hialeah Police Department. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. S. Request from Richard Centauro of Tents N Events, on behalf of Home Depot USA Inc., for a Christmas tree sale permit, with the installation of a temporary canopy on Monday, October 30, 2023 and take down of the canopy on Monday, December 25, 2023, and with sales commencing on Saturday, November 18, 2023 and ending on Monday, December 18, 2023, at Home Depot Store No. 202, located at 1590 West 49 Street, Hialeah, Florida, in accordance with the requirements of the Hialeah Risk Management Department, Hialeah Fire Department and Hialeah Police Department. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. T. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to increase a purchase order issued to M & J Sunshine, Corp. in the amount of $25,000.00 by $10,000.00, in a total amount not to exceed $35,000.00, for the purchase of oils and lubricants to be utilized for the maintenance of all City vehicles, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. RESOLUTION NO. 2023-112 U. Request permission to increase Purchase Order No. 2023-308, issued to Law Enforcement Psychological and Counseling Associates, Inc. (Dr. Mark Axelsberd, PhD), to cover to cost of outstanding invoices (Invoice No. 13512 for $5,400.00, Invoice No. 13513 for $4,560.00, and Invoice No. 13519 for $315.00) and anticipated future costs for psychological screening services for police recruits, police officers, and firefighters, as well as for services rendered as the City’s Employee Assistance Program provider, by an additional amount of $10,000.00, for a new total cumulative expense amount not to exceed $85,000.00. The funding for this expenditure is to be withdrawn from the General Fund - Professional Services Account No. 001.4100.513.310. 10/6/2023 1:44 PM (HUMAN RESOURCES DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. V. Request permission to award City of Hialeah Request for Proposal No. 2022-23-3230-36-051 – Fire Alarm Monitoring, Maintenance, and Annual Inspection, to DiversiFire Systems, Inc., sole bidder, and further request permission to issue two (2) purchase orders to the vendor, with the first purchase order in the amount of $35,325.00 for annual alarm monitoring and inspections, and the second purchase order in the amount of $116,000.00 to cover the cost of emergency fire alarm repairs at all City facilities, in a total cumulative expense amount not to exceed $151,325.00, subject to final budget approval. The funding for this expenditure will be drawn against the individual departments utilizing this bid via separate purchase orders. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. W. Request permission to issue a purchase order to VENDOR (name which is confidential and exempt from public disclosure pursuant to Sections 119.0725 and 119.071(3) of the Florida Statutes), for the purchase of sixteen (16) automatic license plate readers (ALPR), nine (9) new closed circuit television (CCTV), as well as the purchase and installation of poles and running power at nine (9) new sites for the sixteen (16) automatic license plate readers, and the integration into the AWARE System which will provide real-time alerting and actionable intelligence to the Command Center, in a total expense amount not to exceed $1,045,528.00. The funding for this expenditure will be drawn against the Urban Area Security Grant Fund – Capital Outlay - Equipment Account No. 119.1200.525.640. (EMERGENCY MANAGEMENT DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. X. Request permission to approve the minutes of the Budget Hearing for fiscal year 2024 held on September 13, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. Y. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to establish a pool of local vendors for the purchase of electrical supplies and materials; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) 10/6/2023 1:44 PM RESOLUTION NO. 2023-113 APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. Z. Request permission to increase Purchase Order No. 2023-2028, issued to 4 Best Business Corp., for temporary administrative and industrial services staffing for four (4) City Council Aides, by an additional amount of $40,000.00, for a new total cumulative expense amount not to exceed $65,000.00. On April 11, 2023 the City Council approved City of Hialeah Resolution No. 2023- 034 authorizing a piggy back agreement for Temporary Administrative/Office and Industrial Services Staffing with the vendor, effective through February 11, 2024. The funding for this expenditure will be drawn against the General Fund – Professional Services Account No. 001.0220.512.310. (OFFICE OF THE CITY CLERK) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. AA. RESOLUTION: Proposed resolution approving a piggyback contract by the Florida Sheriff’s Association Contract No. FSA20-EQU18.0 - Heavy Equipment with Pat’s Pump & Blower, L.L.C., for the purchase of two 2023 Front Reel Aquatech Drain Cleaners, Spec 364, to be utilized by the City of Hialeah Streets Department; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Pat’s Pump & Blower, L.L.C. in the amount not to exceed $1,166,000.00 for the purchase of referenced drain cleaners; and providing for an effective date. (STREETS) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. RESOLUTION NO. 2023-114 BB. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to establish a pool of local vendors for the purchase of HVAC supplies and materials with Carrier Enterprise, LLC., in an amount not to exceed $45,000.00; and Acarssa Supply, Inc., in an amount not to exceed $35,000.00; and South Florida Appliance, in an amount not to exceed $85,000.00; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. RESOLUTION NO. 2023-115 10/6/2023 1:44 PM CC. RESOLUTION: Proposed resolution approving the Florida Department of Law Enforcement – JAG22-C Grant 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 purchasing Crime Analysis Software, in the total amount of $30,789.00; 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 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. RESOLUTION NO. 2023-116 DD. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to enter into a Professional Services Agreement with South Shore Elevator Service Corp. to provide monthly maintenance and repairs, yearly inspections for elevators throughout the City of Hialeah, for a term of one year, in an amount not to exceed $170,320.00 in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit “1” and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. RESOLUTION NO. 2023-117 EE. Request permission to increase Purchase Order No. 2023-2729, issued to Akerman LLP, for payment of pending invoices for legal services rendered to the City’s Law Department, by an additional amount of $9,650.00, for a total cumulative expense amount not to exceed $27,995.00. The funding for this expenditure will be drawn against the General Fund – Professional Services Account No. 001.8500.519.310. (LAW DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. FF. Request permission to increase Purchase Order No. 2023-944, issued to Lewis, Longman & Walker, P.A., for the payment of outstanding invoices for professional services rendered in relation to pension matters, by an additional amount of $512.00, for a new total cumulative expense amount not to exceed $25,512.00. The funding for this expenditure will be drawn against the General Fund – Professional Services Account No. 001.8500.519.310. (LAW DEPARTMENT) APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and 10/6/2023 1:44 PM Council President Perez and Council Member Calvo absent. 11. ADMINISTRATIVE ITEMS 11 A. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 22 entitled “Code Enforcement”, and in particular, amending Article III “Enforcement Procedures”, Division 3 “Civil Violation Enforcement Procedures”, Section 22-190 “Schedule of Civil Penalties” of the Code of Ordinances of the City of Hialeah; to provide for a civil penalty for failure to register, inspect, maintain or secure properties with mortgages in default by mortgagees; repealing all ordinances or parts of ordinances in conflict herewith; providing for inclusion in code; providing for a severability clause and providing for an effective date. (ADMINISTRATION) On September 12, 2023, the City Council approved this item on first reading. Second reading and public hearing is scheduled for September 26, 2023. APPROVED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. ORDINANCE NO. 2023-093 REPORT: Council Vice President Garcia-Roves 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. Motion to Approve Administrative Item 11A made by Council Member Rodriguez, and seconded by Council Member Tundidor. Motion passes 4-0-3 with Council Member Casàls- Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. Council Member Casàls-Muñoz recorded her vote as “Yes” after the item was approved. 11 B. ORDINANCE: First reading of proposed ordinance amending Chapter 2 entitled “Administration,” Article IV “Purchasing and Competitive Bidding,” of the Code of Ordinances of the City of Hialeah, to provide for a local business preference; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (SPONSOR: COUNCIL MEMBER TUNDIDOR) On September 12, 2023, the City Council discussed the item. First reading is scheduled for September 26, 2023. APPROVED AS AMENDED 4-0-3 with Council Member Casàls-Muñoz not present during roll call, Council President Perez and Council Member Calvo absent. REPORT: Council Member Tundidor requested that the proposed ordinance be amended to 10/6/2023 1:44 PM replace the 5% with 2% and the 5 points with 2 points. Motion to Approve Administrative Item 11B as Amended made by Council Member Tundidor, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Member Casàls-Muñoz not present during roll call, and Council President Perez and Council Member Calvo absent. Council Member Casàls-Muñoz recorded her vote as “Yes” after the item was approved. REPORT: Second reading and public hearing is scheduled for October 10, 2023. 11 C. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 98, entitled “Zoning”, amending § 98-2200 “Parking Commercial Vehicles, Recreational Vehicles, Boats or Vessels on Property Zoned Residential” regulating the placement and number of recreational vehicles, vessels and boats permitted on property zoned residential; 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. (ZONING) On September 6, 2023 during a legislative workshop relating to this item, the first reading of this proposed ordinance was deferred until the City Council Meeting of September 26, 2023. On August 22, 2023, the City Council tabled the item until the City Council Meeting of September 12, 2023. POSTPONED UNTIL FURTHER NOTICE. REPORT: Mayor Bovo spoke on the item. Motion to Table Administrative Item 11C until further notice made by Council Member Tundidor, and seconded by Council Member Rodriguez. Motion passes 5-0-2 with Council President Perez and Council Member Calvo absent. 11 D. RESOLUTION: Proposed resolution ratifying and approving the Collective Bargaining Agreement between the Fraternal Order of Police, Lodge No. 12 and the City of Hialeah, Florida for a period beginning on October 1, 2023 through September 30, 2026, a copy of which will be on file with the Office of the City Clerk; and providing for an effective date. (FRATERNAL ORDER OF POLICE, LODGE NO. 12) APPROVED 5-0-2 with Council President Perez and Council Member Calvo absent. RESOLUTION NO. 2023-118 REPORT: Carlos Cardoso, Fraternal Order of Police, Lodge No. 12 President, spoke on the item. 10/6/2023 1:44 PM REPORT: Jose Elosequi, City of Hialeah Lead Detective, spoke on the item. Motion to Approve Administrative Item 11D made by Council Member Casàls-Muñoz, and seconded by Council Member Tundidor. Motion passes 5-0-2 with Council President Perez and Council Member Calvo absent. 12. UNFINISHED BUSINESS None reported. 13. NEW BUSINESS None reported. 14. LANDUSE REPORT: All were duly sworn in by Marbelys Fatjo, City Clerk. LU 1. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Medium-Density Residential to Commercial District. Property located at the NW intersection of SE 8 Court and Park Drive (a portion of Lots 6 and 8, Block 3, of 36 Street Lawns, according to Plat Book 24 at Page 38 of the Public Records of Miami-Dade County, Florida), 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 September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. Registered Lobbyist: Felix Lasarte, 3250 Northeast 1st Avenue, Miami, Florida 33137, on behalf of Boos Development Corp. On August 23, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: City of Hialeah, 501 Palm Avenue, Hialeah, Florida 33010. APPROVED 4-0-3 with Council Member Tundidor not present during roll call, and Council President Perez and Council Member Calvo absent. REPORT: Council Vice President Garcia-Roves opened the item for public participation and no 10/6/2023 1:44 PM member of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. ORDINANCE NO. 2023-094 Motion to Approve Item LU 1 made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Member Tundidor not present during roll call, and Council President Perez and Council Member Calvo absent. Council Member Tundidor recorded his vote as “Yes” after the item was approved. 15. ZONING PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from R-1 (One-Family District) to C-2 (Liberal Retail Commercial District); Property located at the NW intersection of SE 8 Court and Park Drive (a portion of Lots 6 and 8, Block 3, of 36 Street Lawns, according to Plat Book 24 at Page 38 of the Public Records of Miami-Dade County, FL), 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 September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. Registered Lobbyist: Felix Lasarte, 3250 Northeast 1st Avenue, Suite 334, Miami, Florida 33137, on behalf of Boos Development Corp. On August 23, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: City of Hialeah, 501 Palm Avenue, Hialeah, Florida 33010. APPROVED 4-0-3 with Council Member Tundidor not present during roll call, and Council President Perez and Council Member Calvo absent. REPORT: Council Vice President Garcia-Roves 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. ORDINANCE NO. 2023-095 REPORT: Motion to Approve Item PZ 1 made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Member Tundidor not present during roll call, and Council President Perez and Council Member Calvo absent. Council Member Tundidor recorded his vote as “Yes” after the item was approved. 10/6/2023 1:44 PM PZ 2. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from RO (Residential Office District) and R-1 (Single-Family District) to B-1 (Highly Restricted Retail District); granting a Variance Permit to allow 17% pervious area, where 18% is the minimum required; in contrast to Section (E) Tree and Lawn Requirements by Zoning Classification, Table A of the latest edition of the Hialeah Landscape Manual dated December 13, 2022; properties located at 218 East 49 Street and 226 East 49 Street, Hialeah, zoned RO (Residential Office District) and R-1 (Single-Family District) legally described herein. Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of AA & DD Investments Inc., 21. On August 23, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: AA & DD Investments Inc., Alejandro PLA, and Daisy Gosta, 218 East 49th Street, Hialeah, Florida 33013. APPROVED 4-0-3 with Council Member Tundidor not present during roll call, Council President Perez and Council Member Calvo absent. REPORT: Council Vice President Garcia-Roves 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. ORDINANCE NO. 2023-096 REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. REPORT: Motion to Approve Item PZ 2 made by Council Member Casáls-Muñoz, and seconded by Council Member Rodriguez. Motion passes 4-0-3 with Council Member Tundidor not present during roll call, and Council President Perez and Council Member Calvo absent. Council Member Tundidor recorded his vote as “Yes” after the item was approved. PZ 3. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Variance Permit to allow 200 parking spaces, where 378 parking spaces are required to incorporate the use of a sports and recreational instruction facility of 11,740 square feet in an existing nonconforming industrial building; all contra to Hialeah Code of Ordinances § 98-2189(18). Property located at 213 Southeast 10 Avenue, 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. 10/6/2023 1:44 PM Registered Lobbyist: Jordi Esteban, 7740 Southwest 104th Street, Suite 102, Pinecrest, Florida 33156 on behalf of Team Sosa Sports. On September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. On August 23, 2023, the Planning and Zoning Board recommended approval with the conditions that a Declaration of Restrictive Covenants be proffered to ensure that the business hours for the baseball training facility and warehouse do not coincide, and guarantee parking availability in order to avoid cars parking on the swale areas adjacent to the property across the street fronting residential properties. Planner’s Recommendation: Approve subject to alternate hours of operation. Property Owner: ASB Tenth Avenue Holdings, LLC., 7501 Wisconsin Avenue, Suite 1300 W Bethesda, MD 20814. APPROVED 4-0-3 with Council Member Tundidor not present during roll call, Council President Perez and Council Member Calvo absent. REPORT: Council Vice President Garcia-Roves 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. ORDINANCE NO. 2023-097 REPORT: Motion to Approve Item PZ 3 made by Council Member Casáls-Muñoz, and seconded by Council Member Zogby. Motion passes 4-0-3 with Council Member Tundidor not present during roll call, and Council President Perez and Council Member Calvo absent. Council Member Tundidor recorded his vote as “Yes” after the item was approved. PZ 4. 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 4 classroom seminary in an existing free-standing building with a maximum capacity of 25 students and granting a Variance Permit to allow 1 parking space, where 32 parking spaces are required, and allow 144 square feet pervious area, where 1,350 square feet are required; in contrast to Hialeah Code of Ordinances § 98-2189(4) and Section (E) Tree and Lawn Requirements by Zoning Classification, Table A of the Latest Edition of the Hialeah Landscape Manual dated December 13, 2022. Property located at 25 East 4 Street, Hialeah, zoned CBD (Central Business District) legally described herein. Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. On August 23, 2023, the Planning and Zoning Board recommended approval. 10/6/2023 1:44 PM Planner’s Recommendation: Approval. Property Owner: Mit Mozel LLC, 25 East 4th Street, Hialeah, Florida 33010. APPROVED 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Council Vice President Garcia-Roves 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. ORDINANCE NO. 2023-098 REPORT: Motion to Approve Item PZ 4 with Conditions made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council President Perez and Council Member Calvo absent. PZ 5. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the Neighborhood Business District Overlay; granting a Variance Permit to allow 50% of the units with an area of 705 square feet, where 850 square feet is the minimum area required, and only 10% of the units can have an area of 600 square feet; allow a building height of 64 feet, where 55 feet is the maximum building height allowed; allow 26 parking spaces where 28 parking spaces are required and waive the building mass and building frontage development standards; in contrast to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.3(b) and 98-2189(16)(a). Property located at 20 West 40 Place, Hialeah, zoned R-3-3 (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. Registered Lobbyist: German Agudelo, 1500 Northwest 89th Court, Suite 211-B, Doral, Florida 33172 on behalf of VGM Capital Holdings, LLC. On September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. On August 23, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: VGM Capital Holdings, LLC and Valka Rodriguez, 175 Southwest 7th Street, Suite 2309, Miami, Florida 33130. APPROVED 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Council Vice President Garcia-Roves 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. ORDINANCE NO. 2023-099 10/6/2023 1:44 PM 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 President Perez and Council Member Calvo absent. PZ 6. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow the construction of a single-family home on a substandard lot having a total area of 4,763 square feet, where 7,500 square feet are required, and allow lot width of 35 feet, where 75 feet are required; in contrast to Hialeah Code of Ordinances § 98-499 entitled “Building Site Area Required.” Property located at 5520 East 8 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. Registered Lobbyist: Anthony del Pino, 345 West 75th Place, Hialeah, Florida 33014, on behalf of Adam Bishop, 2045 Biscayne Blvd, Suite 374, Miami, FL 33137. On September 6, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Adam Bishop and Jacob Bishop, 2045 Biscayne Northeast Boulevard, Suite 374, Miami, Florida 33137. APPROVED 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Anthony del Pino, 345 West 9 Avenue, spoke. REPORT: Motion to Approve Item PZ 6 made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Second reading and public hearing is scheduled for October 10, 2023. PZ 7. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow the construction of a new duplex on a substandard lot having a total area of 6,750 square feet, where 7,500 square feet are required; allow a lot width of 50 feet, where 75 feet are required, and allow street side setback of 10 feet, where 15 feet are required; in contrast to Hialeah Code of Ordinances § 98-499 entitled “Building Site Area Required” and § 98-501 entitled “Side Yards Required.” Property located at 302 East 17 Street, Hialeah, zoned R-2 (One-And Two- Family Residential District) legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On September 6, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. 10/6/2023 1:44 PM Property Owner: Yany Y. Veloz, 614 East 51st Street, Hialeah, Florida 33013. APPROVED 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Motion to Approve Item PZ 7 made by Council Member Zogby, and seconded by Council Member Casáls-Muñoz. Motion passes 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Second reading and public hearing is scheduled for October 10, 2023. PZ 8. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the use of a 3,140 square foot bay as a clinical investigational research facility operating 24 hours and 7 days a week with a maximum of 12 patients per day and 8 staff members; granting a Variance Permit to allow 48 parking spaces, where 93 parking spaces are required, on an existing industrial building where 76,505 square feet will remain for industrial use and 3,140 square feet will be repurposed for commercial use; in contrast to Hialeah Code of Ordinances § 98-2189(5) entitled minimum required off-street parking spaces”. Property located at 2300 West 8 Avenue, 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. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Q. Way Research LLC. On September 6, 2023, the Planning and Zoning Board recommended approval with the condition that a Declaration of Restriction be proffered providing for 13 bays that allocate 2 parking spaces each, Unit 1 (the research facility subject of this application) gets allocated with 16 parking spaces, 6 parking spaces remain open for ADA and overflow parking. Limiting all bays to industrial uses and allowing only Unit 1 (the research facility) to have proposed commercial use. With the condition on parking allocation in place, the Special Use Permit to allow the research facility in Unit 1, could be approved limiting its operation to 8 employees and no more than 12 patients per day. Planner’s Recommendation: Approval with conditions. Property Owner: Niurka Bonero, 1015 East 4th Avenue, Hialeah, Florida 33010 and E &W Development LLP, 1150 West 23rd Street, Hialeah, Florida 33010. APPROVED 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Ceasar Mestre, 8105 Northwest 155th Street, Miami Lakes, addressed the City Council via Zoom. REPORT: Motion to Approve Item PZ 8 made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Second reading and public hearing is scheduled for October 10, 2023. 10/6/2023 1:44 PM PZ 9. ORDINANCE: First reading of proposed ordinance repealing and rescinding Hialeah Ordinance No. 2021-008 (January 12, 2021); granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the Neighborhood Business District Overlay; granting a Variance Permit to allow 100% of the units with an area of less than 850 square feet, where 850 square feet is the minimum area required, and only 10% of the units can have an area of 600 square feet; allow a 7.5 foot rear setback where 15 feet are required; allow a 2.5 foot interior side setback where 15 feet are required; and allow 25 parking spaces where 37 parking spaces are required; in contrast to Hialeah Code of Ordinances §§ 98-1630.2 entitled “Building Uses”, 98- 1630.3(e)(2) entitled “Development Standards” and 98-2189(16)(a) entitled “Minimum Required Off-Street Parking Spaces.” Property located at 90 East 21 Street, Hialeah, zoned CBD (Central Business District) legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Hugo P. Arza, Esq. and Alessandria San Roman, Esq., 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, on behalf of Prestige Builders Constructions Management, LLC. On September 6, 2023, the Planning and Zoning Board recommended approval with the condition that the construction of the street improvements are in compliance with the Streets Department. Planner’s Recommendation: Approval with conditions. Property Owner: East 21st Street LLC – 100%; Arch IV, LLC (as manager); Alexander Ruiz 100%. APPROVED 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Hugo P. Arza, Esq., 701 Brickell Avenue, Suite 3300, Miami, addressed the City Council. REPORT: Motion to Approve Item PZ 9 made by Council Member Casáls-Muñoz, and seconded by Council Member Rodriguez. Motion passes 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Second reading and public hearing is scheduled for October 10, 2023. PZ 10. ORDINANCE: First reading of proposed ordinance vacating, closing and abandoning for public use of the right-of-way located on the east end of Park Drive (Hiawatha Drive) and west of SE 8 Court between Lot 8, Block 3, and Lot 1-4, Block 2 of 36 Street Lawns, according to Plat Book 24, Page 38 of the Public Records of Miami-Dade County. Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Felix Lasarte, 3250 Northeast 1st Avenue, Suite 334, Miami, Florida 33137, on behalf of Boos Development Corp. 10/6/2023 1:44 PM On September 20, 2023 the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval APPROVED 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Felix Lasarte, 3250 Northeast 1st Avenue, Suite 334, registered lobbyist, provided the City Council with additional records, copies which are on file with the Office of the City Clerk. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Motion to Approve Item PZ 10 made by Council Member Casáls-Muñoz, and seconded by Council Member Tundidor. Motion passes 5-0-2 with Council President Perez and Council Member Calvo absent. REPORT: Second reading and public hearing is scheduled for October 10, 2023. 16. CITY COUNCIL DISCUSSION None reported. 17. ADJOURNMENT REPORT: Council Vice President Garcia-Roves adjourned the meeting 9:10 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, November 28, 2023 at 6:30 p.m. NEXT CITY COUNCIL MEETING: Tuesday, October 10, 2023 at 7:00 p.m. SECOND BUDGET HEARING FOR 2024 FISCAL YEAR: September 27, 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. 10/6/2023 1:44 PM 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). 10/6/2023 1:44 PM

Agenda

Esteban Bovo, Jr. Council Members Mayor Bryan Calvo Vivian Casàls-Muñoz Monica Perez Luis Rodriguez President Jesus Tundidor Carl Zogby Jacqueline Garcia-Roves Vice President City Council Meeting Agenda September 26, 2023 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION A. The invocation is to be led by Marbelys Fatjo, City Clerk. 4. PLEDGE OF ALLEGIANCE A. The Pledge of Allegiance is to be led by Council Member Rodriguez. 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 9/22/2023 4:38 PM allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes.  The public can view public meetings on the City’s YouTube page (www.youtube.com/cityofhialeahgov ).  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard. 6. PRESENTATIONS 7. COMMENTS AND QUESTIONS 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA 9. BOARD APPOINTMENTS 9/22/2023 4:38 PM 10. CONSENT AGENDA All items listed u n d e r C o n s e n t A g e n d a with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. A. Request permission to approve the minutes of the City Council Meeting held on September 12, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) B. Request permission to cancel the City Council Meeting of November 28, 2023 pursuant to Section 3.01 of the City’s Charter in observance of the Thanksgiving Holiday. (ADMINISTRATION) (OFFICE OF THE CITY CLERK) C. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Lake County, Contract No. 22-730C with Fisher Scientific Company, LLC for certain fire equipment referenced below; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Fisher Scientific, LLC in the amount not to exceed $62,784.52, for the purchase of Rapid Intervention Team (R.I.T.) bags and self-contained breathing apparatus (SCBA) packs to be utilized by the City of Hialeah Fire Department, and in substantial conformity with the Agreement attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor to enter into a Supplemental Agreement attached hereto and made a part hereof as “Exhibit B”, and providing for an effective date. (FIRE DEPARTMENT) D. Request permission to issue a purchase order to ImageTrend, LLC, to pay for services rendered since October 2022 in the nature of Electronic Patient Care Reporting (ePCR), data management, and analysis tools, in a total cumulative amount not exceed $84,000.00. The approval of the item requires the waiving of competitive bidding, since it is advantageous to the City in that this vendor is the software the Hialeah Fire Department currently uses. The funding for this expenditure will be drawn against the Fire Rescue Transportation Fund – Licenses & Permits Account No. 109.2000.522.493. (FIRE DEPARTMENT) E. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to enter into an agreement with ANRO Enterprises, Inc. d/b/a Diago Dry Cleaners to provide uniform laundry services for Fire Administration and all nine (9) fire stations, in an amount not to exceed $38,000.00 in substantial conformity with the quote attached hereto and made a part hereof as Exhibit “1”; and providing for an effective date. (FIRE DEPARTMENT) F. Request permission to amend Consent Item No. E, approved by the City Council on February 14, 9/22/2023 4:38 PM 2023, and issue a purchase order to Forge Fire & Company, LLC, sole source vendor of comprehensive modular and interchangeable bolt-in construction systems for first responders, to include the expenditure of the removal of the existing fire training building, as well as for the delivery, setup, installation and anchor of the new fire non-burn training prop building to be located at Hialeah Fire Station No. 7, by an additional amount of $73,000.00, for a new total expense amount not to exceed $432,900.00, total which is budgeted in the City’s fiscal year 2023 budget. On February 14, 2023, the City Council approved the purchase of the non-burn training prop building for $359,900.00. The funding for this expenditure is to be charged to the Fire Rescue Transportation Fund - Capital Outlay Infrastructure Account No. 109.2000.522.630. (FIRE DEPARTMENT) G. Request permission to increase Purchase Order No. 2023-307, issued to Cano Health, LLC, for the service of pre-employment examinations for new hires, by an additional amount of $12,000.00, for a new total cumulative expense amount to not exceed $52,000.00. The funding for this expenditure will be drawn against the General Fund – Professional Services Account No. 001.4100.513.310. (HUMAN RESOURCES DEPARTMENT) H. Request permission to increase Purchase Order No. 2023-955, issued to Sentry Industries, Inc., for the payment of outstanding invoices of the delivery and application of sodium hypochlorite to maintain all City pool facilities for the remainder of the 2023 fiscal year, by an additional amount of $33,486.30, of which $21,486.30 is for pending invoices and $12,000.00 is to cover invoices received for the month of September, for a new total cumulative expense amount not to exceed $118,486.30. The approval of the item requires the waiving of competitive bidding, since it is advantageous to the City, in that this vendor is a long-time partner with the City providing a high-quality level of service. The funding for this expenditure is to be charged to the General Fund – Repair & Maint – Pools Account No. 001.3130.572.464. (PARKS AND RECREATION DEPARTMENT) I. Request permission to increase Purchase Order No. 2023-946, issued to Carlon, Inc., doing business as Broward Nelson Fountain Service, for the delivery and filling of carbon dioxide to all City pool facilities for the remainder of the 2023 fiscal year, by an additional amount of $5,971.00, for a new total cumulative expense amount not to exceed $30,746.00. The approval of the item requires the waiving of competitive bidding, since it is advantageous to the City, in that this vendor is a long-time partner with the City providing a high-quality level of service without delays. The funding for this expenditure is to be charged to the General Fund – Repair & Maint – Pools Account No. 001.3130.572.464. (PARKS AND RECREATION DEPARTMENT) 9/22/2023 4:38 PM J. RESOLUTION: Proposed resolution to accept grant monies awarded to the City of Hialeah, Florida, as participating agency, by the Florida Department of Law Enforcement – JAG21 Grant, under the administration of the U.S. Department of Justice, Bureau of Justice Assistance, in the total amount of $41,053.00, to assist the Hialeah Police Department in purchasing Crime Analysis Software and support services for use of said software by the Police Department, and approving the utilization of the grant monies for the purchase of referenced software and support services by September 30, 2024; and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof and accept the awarded grant, and providing for an effective date. (POLICE DEPARTMENT) K. Request permission to issue a purchase order to The Corradino Group, Inc., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services, for design services for roadway and drainage improvements to West 32nd Avenue, from West 68th Street to West 76th Street, in a total expense amount not to exceed $198,260.00, subject to final budget approval. The funding for this expenditure will be drawn against the 303 West 32 Ave. 68 St to 76 St Fund – Professional Services Account No. 303.3210.541.310. (STREETS) L. Request permission to issue a purchase order to SRS Engineering, Inc., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services, for design services for roadway and drainage improvements to East 13th Street, from East 6th Avenue to East 10th Avenue, in a total expense amount not to exceed $79,267.35. The funding for this expenditure will be drawn against the 120 CITT Surtax – Transportation Fund – Professional Services Account No. 120.3210.541.310. (STREETS) M. Request permission to issue a purchase order to SRS Engineering, Inc., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services, for design services for roadway and drainage improvements to East 2nd Avenue to East 4th Avenue from East 63th Street to East 65th Street, in a total expense amount not to exceed $82,576.83. The funding for this expenditure will be drawn against the E 2 to 4 Ave. 63 to 65 St Fund – Professional Services Account No. 304.3210.541.310. (STREETS) N. Request permission to issue a purchase order to SRS Engineering, Inc., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services, for design services for roadway and drainage improvements to East 8th Avenue to East 10th Avenue from East 45th Street to East 49th Street, in a total expense amount not to exceed $261,244.82. 9/22/2023 4:38 PM The funding for this expenditure will be drawn against the E 8 Ave to 10 Ave. 45 to 49 St Fund – Professional Services Account No. 302.3210.541.310. (STREETS) O. Request permission to issue a purchase order to R.J. Behar & Company, Inc., vendor recommended by the City’s Selection Committee for Engineering and Architectural Services in response to Request for Qualifications No. 2021-22-9500-00-001 – Engineering and Architectural Services, for design services for roadway and drainage improvements to East 8th Avenue to East 10th Avenue from East 41th Street to East 45th Street, in a total expense amount not to exceed $299,724.00. Funding in the amount of $175,000.00 for this expenditure will be drawn against the E 8 Ave to 10 Ave. 41 St to 45 St Fund – Professional Services Account No. 301.3210.541.310 and $124,724.00 will be drawn against the Stormwater Utility Fund – Professional Services Account No. 475.3211.530.310. (STREETS) P. RESOLUTION: Proposed resolution approving a piggyback contract by the Florida Sheriff’s Association Contract No. FSA22-VEH20.0 – Heavy Trucks and Buses with Rechtien International Trucks for the purchase of one 2024 International HV Water Truck, Spec 108, to be utilized by the City of Hialeah Streets Department; and authorizing the Mayor of his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Rechtien International Trucks in the amount not to exceed $227,893.00 for the purchase of referenced water truck; and providing for an effective date. (STREETS) Q. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to enter into a Professional Services Agreement with Medina Brothers Plumbing Supplies, Inc., to provide plumbing supplies in an amount not to exceed $30,000.00; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) R. Request from Richard Centauro of Tents N Events, on behalf of Home Depot USA Inc., for a Christmas tree sale permit, with the installation of a temporary canopy on Monday, October 30, 2023 and take down of the canopy on Monday, December 25, 2023, and with sales commencing on Saturday, November 18, 2023 and ending on Monday, December 18, 2023, at Home Depot Store No. 6378, located at 950 Southeast 12 Street, Hialeah, Florida, in accordance with the requirements of the Hialeah Risk Management Department, Hialeah Fire Department and Hialeah Police Department. (OFFICE OF THE CITY CLERK) S. Request from Richard Centauro of Tents N Events, on behalf of Home Depot USA Inc., for a Christmas tree sale permit, with the installation of a temporary canopy on Monday, October 30, 2023 and take down of the canopy on Monday, December 25, 2023, and with sales commencing on Saturday, November 18, 2023 and ending on Monday, December 18, 2023, at Home Depot Store No. 202, located at 1590 West 49 Street, Hialeah, Florida, in accordance with the 9/22/2023 4:38 PM requirements of the Hialeah Risk Management Department, Hialeah Fire Department and Hialeah Police Department. (OFFICE OF THE CITY CLERK) T. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to increase a purchase order issued to M & J Sunshine, Corp. in the amount of $25,000.00 by $10,000.00, in a total amount not to exceed $35,000.00, for the purchase of oils and lubricants to be utilized for the maintenance of all City vehicles, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) U. Request permission to increase Purchase Order No. 2023-308, issued to Law Enforcement Psychological and Counseling Associates, Inc. (Dr. Mark Axelsberd, PhD), to cover to cost of outstanding invoices (Invoice No. 13512 for $5,400.00, Invoice No. 13513 for $4,560.00 and Invoice No. 13519 for $315.00) and anticipated future costs for psychological screening services for police recruits, police officers, and firefighters, as well as for services rendered as the City’s Employee Assistance Program provider, by an additional amount of $10,000.00, for a new total cumulative expense amount not to exceed $85,000.00. The funding for this expenditure is to be withdrawn from the General Fund - Professional Services Account No. 001.4100.513.310. (HUMAN RESOURCES DEPARTMENT) V. Request permission to award City of Hialeah Request for Proposal No. 2022-23-3230-36-051 – Fire Alarm Monitoring, Maintenance, and Annual Inspection, to DiversiFire Systems, Inc., sole bidder, and further request permission to issue two (2) purchase orders to the vendor, with the first purchase order in the amount of $35,325.00 for annual alarm monitoring and inspections, and the second purchase order in the amount of $116,000.00 to cover the cost of emergency fire alarm repairs at all City facilities, in a total cumulative expense amount not to exceed $151,325.00, subject to final budget approval. The funding for this expenditure will be drawn against the individual departments utilizing this bid via separate purchase orders. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) W. Request permission to issue a purchase order to VENDOR, name which is confidential and exempt from public disclosure pursuant to Sections 119.0725 and 119.071(3) of the Florida Statutes, for the purchase of sixteen (16) automatic license plate readers (ALPR), nine (9) new closed circuit television (CCTV), as well as the purchase and installation of poles and running power at nine (9) new sites for the sixteen (16) automatic license plate readers, and the integration into the AWARE System which will provide real-time alerting and actionable intelligence to the Command Center, in a total expense amount not to exceed $1,045,528.00. The funding for this expenditure will be drawn against the Urban Area Security Grant Fund – Capital Outlay - Equipment Account No. 119.1200.525.640. (EMERGENCY MANAGEMENT DEPARTMENT) 9/22/2023 4:38 PM X. Request permission to approve the minutes of the Budget Hearing for fiscal year 2024 held on September 13, 2023 at 7:00 p.m. (OFFICE OF THE CITY CLERK) Y. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to establish a pool of local vendors for the purchase of electrical supplies and materials; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) Z. Request permission to increase Purchase Order No. 2023-2028, issued to 4 Best Business Corp., for temporary administrative and industrial services staffing for four (4) City Council Aides, by an additional amount of $40,000.00, for a new total cumulative expense amount not to exceed $65,000.00. On April 11, 2023 the City Council approved City of Hialeah Resolution No. 2023- 034 authorizing a piggy back agreement for Temporary Administrative/Office and Industrial Services Staffing with the vendor, effective through February 11, 2024. The funding for this expenditure will be drawn against the General Fund – Professional Services Account No. 001.0220.512.310. (OFFICE OF THE CITY CLERK) AA. RESOLUTION: Proposed resolution approving a piggyback contract by the Florida Sheriff’s Association Contract No. FSA20-EQU18.0 - Heavy Equipment with Pat’s Pump & Blower, L.L.C., for the purchase of two 2023 Front Reel Aquatech Drain Cleaners, Spec 364, to be utilized by the City of Hialeah Streets Department; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Pat’s Pump & Blower, L.L.C. in the amount not to exceed $1,166,000.00 for the purchase of referenced drain cleaners; and providing for an effective dat. (STREETS) BB. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to establish a pool of local vendors for the purchase of HVAC supplies and materials with Carrier Enterprise, LLC., in an amount not to exceed $45,000.00; and Acarssa Supply, Inc., in an amount not to exceed $35,000.00; and South Florida Appliance, in an amount not to exceed $85,000.00; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) CC. RESOLUTION: Proposed resolution approving the Florida Department of Law Enforcement – JAG22-C Grant 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 purchasing Crime Analysis Software, in the total amount of $30,789.00; 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. 9/22/2023 4:38 PM (POLICE DEPARTMENT) DD. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to enter into a Professional Services Agreement with South Shore Elevator Service Corp. to provide monthly maintenance and repairs, yearly inspections for elevators throughout the City of Hialeah, for a term of one year, in an amount not to exceed $170,320.00 in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit “1” and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) EE. Request permission to increase Purchase Order No. 2023-2729, issued to Akerman LLP, for payment of pending invoices for legal services rendered to the City’s Law Department, by an additional amount of $9,650.00, for a total cumulative expense amount not to exceed $27,995.00. The funding for this expenditure will be drawn against the General Fund – Professional Services Account No. 001.8500.519.310. (LAW DEPARTMENT) FF. Request permission to increase Purchase Order No. 2023-944, issued to Lewis, Longman & Walker, P.A., for the payment of outstanding invoices for professional services rendered in relation to pension matters, by an additional amount of $512.00, for a new total cumulative expense amount not to exceed $25,512.00. The funding for this expenditure will be drawn against the General Fund – Professional Services Account No. 001.8500.519.310. (LAW DEPARTMENT) 11. ADMINISTRATIVE ITEMS 11 A. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 22 entitled “Code Enforcement”, and in particular, amending Article III “Enforcement Procedures”, Division 3 “Civil Violation Enforcement Procedures”, Section 22-190 “Schedule of Civil Penalties” of the Code of Ordinances of the City of Hialeah; to provide for a civil penalty for failure to register, inspect, maintain or secure properties with mortgages in default by mortgagees; repealing all ordinances or parts of ordinances in conflict herewith; providing for inclusion in code; providing for a severability clause and providing for an effective date. (ADMINISTRATION) On September 12, 2023, the City Council approved this item on first reading. Second reading and public hearing is scheduled for September 26, 2023. 11 B. ORDINANCE: First reading of proposed ordinance amending Chapter 2 entitled “Administration,” Article IV “Purchasing and Competitive Bidding,” of the Code of Ordinances 9/22/2023 4:38 PM of the City of Hialeah, to provide for a local business preference; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (SPONSOR: COUNCIL MEMBER TUNDIDOR) On September 12, 2023, the City Council discussed the item. First reading is scheduled for September 26, 2023. 11 C. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 98, entitled “Zoning”, amending § 98-2200 “Parking Commercial Vehicles, Recreational Vehicles, Boats or Vessels on Property Zoned Residential” regulating the placement and number of recreational vehicles, vessels and boats permitted on property zoned residential; 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. (ZONING) On September 6, 2023 during a legislative workshop relating to this item, the first reading of this proposed ordinance was deferred until the City Council Meeting of September 26, 2023. On August 22, 2023, the City Council tabled the item until the City Council Meeting of September 12, 2023. 11 D. RESOLUTION: Proposed resolution ratifying and approving the Collective Bargaining Agreement between the Fraternal Order of Police, Lodge No. 12 and the City of Hialeah, Florida for a period beginning on October 1, 2023 through September 30, 2026, a copy of which will be on file with the Office of the City Clerk; and providing for an effective date. (FRATERNAL ORDER OF POLICE, LODGE NO. 12) 12. UNFINISHED BUSINESS 13. NEW BUSINESS 14. LANDUSE LU 1. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Medium-Density Residential to Commercial District. Property located at the 9/22/2023 4:38 PM NW intersection of SE 8 Court and Park Drive (a portion of Lots 6 and 8, Block 3, of 36 Street Lawns, according to Plat Book 24 at Page 38 of the Public Records of Miami-Dade County, Florida), 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 September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. Registered Lobbyist: Felix Lasarte, 3250 Northeast 1st Avenue, Miami, Florida 33137, on behalf of Boos Development Corp. On August 23, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: City of Hialeah, 501 Palm Avenue, Hialeah, Florida 33010. 15. ZONING PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from R-1 (One-Family District) to C-2 (Liberal Retail Commercial District); Property located at the NW intersection of SE 8 Court and Park Drive (a portion of Lots 6 and 8, Block 3, of 36 Street Lawns, according to Plat Book 24 at Page 38 of the Public Records of Miami-Dade County, FL), 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 September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. Registered Lobbyist: Felix Lasarte, 3250 Northeast 1st Avenue, Suite 334, Miami, Florida 33137, on behalf of Boos Development Corp. On August 23, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: City of Hialeah, 501 Palm Avenue, Hialeah, Florida 33010. PZ 2. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from RO (Residential Office District) and R-1 (Single-Family District) to B-1 (Highly Restricted Retail 9/22/2023 4:38 PM District); granting a Variance Permit to allow 17% pervious area, where 18% is the minimum required; in contrast to Section (E) Tree and Lawn Requirements by Zoning Classification, Table A of the latest edition of the Hialeah Landscape Manual dated July 9, 2015; properties located at 218 East 49 Street and 226 East 49 Street, Hialeah, zoned RO (Residential Office District) and R-1 (Single-Family District) legally described herein. Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of AA & DD Investments Inc., 21. On August 23, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: AA & DD Investments Inc., Alejandro PLA, and Daisy Gosta, 218 East 49th Street, Hialeah, Florida 33013. PZ 3. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Variance Permit to allow 200 parking spaces, where 378 parking spaces are required to incorporate the use of a sports and recreational instruction facility of 11,740 square feet in an existing nonconforming industrial building; all contra to Hialeah Code of Ordinances § 98-2189(18). Property located at 213 Southeast 10 Avenue, 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. Registered Lobbyist: Jordi Esteban, 7740 Southwest 104th Street, Suite 102, Pinecrest, Florida 33156 on behalf of Team Sosa Sports. On September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. On August 23, 2023, the Planning and Zoning Board recommended approval with the conditions that a Declaration of Restrictive Covenants be proffered to ensure that the business hours for the baseball training facility and warehouse do not coincide, and guarantee parking availability in order to avoid cars parking on the swale areas adjacent to the property across the street fronting residential properties. Planner’s Recommendation: Approve subject to alternate hours of operation. Property Owner: ASB Tenth Avenue Holdings, LLC., 7501 Wisconsin Avenue, Suite 1300 W Bethesda, MD 20814. PZ 4. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Conditional 9/22/2023 4:38 PM Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a 4 classroom seminary in an existing free-standing building with a maximum capacity of 25 students and granting a Variance Permit to allow 1 parking space, where 32 parking spaces are required, and allow 144 square feet pervious area, where 1,350 square feet are required; in contrast to Hialeah Code of Ordinances § 98-2189(4) and Section (E) Tree and Lawn Requirements by Zoning Classification, Table A of the Latest Edition of the Hialeah Landscape Manual dated July 9, 2015. Property located at 25 East 4 Street, Hialeah, zoned CBD (Central Business District) legally described herein. Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. On August 23, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Mit Mozel LLC, 25 East 4th Street, Hialeah, Florida 33010. PZ 5. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the Neighborhood Business District Overlay; granting a Variance Permit to allow 50% of the units with an area of 705 square feet, where 850 square feet is the minimum area required, and only 10% of the units can have an area of 600 square feet; allow a building height of 64 feet, where 55 feet is the maximum building height allowed; allow 26 parking spaces where 28 parking spaces are required and waive the building mass and building frontage development standards; in contrast to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.3(b) and 98-2189(16)(a). Property located at 20 West 40 Place, Hialeah, zoned R-3-3 (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. Registered Lobbyist: German Agudelo, 1500 Northwest 89th Court, Suite 211-B, Doral, Florida 33172 on behalf of VGM Capital Holdings, LLC. On September 12, 2023, the City Council approved the item of first reading. Second reading and public hearing is scheduled for September 26, 2023. On August 23, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: VGM Capital Holdings, LLC and Valka Rodriguez, 175 Southwest 7th Street, Suite 2309, Miami, Florida 33130. PZ 6. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow the construction of a single-family home on a substandard lot having a total area of 4,763 square feet, 9/22/2023 4:38 PM where 7,500 square feet are required, and allow lot width of 35 feet, where 75 feet are required; in contrast to Hialeah Code of Ordinances § 98-499 entitled “Building Site Area Required.” Property located at 5520 East 8 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. Registered Lobbyist: Anthony Del Pino, 345 West 75th Place, Hialeah, Florida 33014, on behalf of Adam Bishop. On September 6, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Adam Bishop and Jacob Bishop, 2045 Biscayne Northeast Boulevard, Suite 374, Miami, Florida 33137. PZ 7. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow the construction of a new duplex on a substandard lot having a total area of 6,750 square feet, where 7,500 square feet are required; allow a lot width of 50 feet, where 75 feet are required, and allow street side setback of 10 feet, where 15 feet are required; in contrast to Hialeah Code of Ordinances § 98-499 entitled “Building Site Area Required” and § 98-501 entitled “Side Yards Required.” Property located at 302 East 17 Street, Hialeah, zoned R-2 (One-And Two- Family Residential District) legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On September 6, 2023, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Yany Y. Veloz, 614 East 51st Street, Hialeah, Florida 33013. PZ 8. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the use of a 3,140 square foot bay as a clinical investigational research facility operating 24 hours and 7 days a week with a maximum of 12 patients per day and 8 staff members; granting a variance permit to allow 48 parking spaces, where 93 parking spaces are required, on an existing industrial building where 76,505 square feet will remain for industrial use and 3,140 square feet will be repurposed for commercial use; in contrast to Hialeah Code of Ordinances § 98-2189(5) entitled minimum required off-street parking spaces”. Property located at 2300 West 8 Avenue, 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. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016 on behalf of Q. Way Researd LLC. 9/22/2023 4:38 PM On September 6, 2023, the Planning and Zoning Board recommended approval with the condition that a Declaration of Restriction be proffered providing for 13 bays that allocate 2 parking spaces each, Unit 1 (the research facility subject of this application) gets allocated with 16 parking spaces, 6 parking spaces remain open for ADA and overflow parking. Limiting all bays to industrial uses and allowing only Unit 1 (the research facility) to have proposed commercial use. With the condition on parking allocation in place, the Special Use Permit to allow the research facility in Unit 1, could be approved limiting its operation to 8 employees and no more than 12 patients per day. Planner’s Recommendation: Approval with conditions. Property Owner: Niurka Bonero, 1015 East 4th Avenue, Hialeah, Florida 33010 and E &W Development LLP, 1150 West 23rd Street, Hialeah, Florida 33010. PZ 9. ORDINANCE: First reading of proposed ordinance repealing and rescinding Hialeah Ordinance No. 2021-008 (January 12, 2021); granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the neighborhood business district overlay; granting a variance permit to allow 100% of the units with an area of less than 850 square feet, where 850 square feet is the minimum area required, and only 10% of the units can have an area of 600 square feet; allow a 7.5 foot rear setback where 15 feet are required; allow a 2.5 foot interior side setback where 15 feet are required; and allow 25 parking spaces where 37 parking spaces are required; in contrast to Hialeah Code of Ordinances §§ 98-1630.2 entitled “Building Uses”, 98- 1630.3(e)(2) entitled “Development Standards” and 98-2189(16)(a) entitled “Minimum Required Off-Street Parking Spaces.” Property located at 90 East 21 Street, Hialeah, zoned CBD (Central Business District) legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Hugo P. Arza, Esq., and Alessandria San Roman, Esq., 701 Brickell Avenue, Suite 3300, Miami, Florida 33131, on behalf of Prestige Builders Constructions Management, LLC. On September 6, 2023, the Planning and Zoning Board recommended approval with the condition that the construction of the street improvements are in compliance with the Streets Department. Planner’s Recommendation: Approval with conditions. Property Owner: East 21st Street LLC – 100%; Arch IV, LLC (as manager); Alexander Ruiz 100%. PZ 10. First reading of proposed ordinance vacating, closing and abandoning for public use of the right- of-way located on the east end of Park Drive (Hiawatha Drive) and west of SE 8 Court between Lot 8, Block 3, and Lot 1-4, Block 2 of 36 Street Lawns, according to PB 24-38 of the public records of Miami-Dade County. 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. 9/22/2023 4:38 PM Registered Lobbyist: Felix Lasarte, 3250 Northeast 1st Avenue, Suite 334, Miami, Florida 33137, on behalf of Boos Development Corp. On September 20, 2023 the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval 16. CITY COUNCIL DISCUSSION 17. ADJOURNMENT NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, November 28, 2023 at 6:30 p.m. NEXT CITY COUNCIL MEETING: Tuesday, October 10, 2023 at 7:00 p.m. SECOND BUDGET HEARING FOR 2024 FISCAL YEAR: September 27, 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. 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). 9/22/2023 4:38 PM

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