City Council

Esteban Bovo, Jr. Council Members Mayor Bryan Calvo Angelica Pacheco Jesus Tundidor Monica Perez President Luis Rodriguez Carl Zogby Jacqueline Garcia-Roves Vice President City Council Meeting Minutes January 9, 2024 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:04 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with all members present. B. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 3. Rafael Suarez-Rivas, City Attorney, was present. 3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE A. Council Vice President Garcia-Roves led the Pledge of Allegiance. 1/19/2024 8:55 AM  5. MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes.  The public can view public meetings on the City’s YouTube page (www.youtube.com/cityofhialeahgov ).  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard. REPORT: Marbelys Fatjo, City Clerk, announced the meeting guidelines. 6. PRESENTATIONS A. Juan Mullerat of Plusurbia presents regarding the City of Hialeah 2050 Master Plan. (ZONING) 1/19/2024 8:55 AM  REPORT: Debora Storch, Planning and Zoning Official, introduced Juan Mullerat, the presenter. REPORT: Juan Mullerat, Principal for Plusurbia, presented a PowerPoint Presentation thereby providing an update on the City of Hialeah 2050 Master Plan, which is on file with the Office of the City Clerk. Mr. Mullerat also provided each Council Member with a City of Hialeah 2050 Master Plan – Public Engagement Plan Draft December 2023, a copy of which is on file in the Office of the City Clerk. B. REPORT: Public safety announcement videos of the Hialeah Fire Department and the Hialeah Police Department were played. 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: Twelve (12) members of the public present in the Council Chambers expressed interest in speaking during the Comments and Questions of the meeting. 1. Jose Azze, 788 Southeast Park Drive, Hialeah, spoke regarding Three Friends Park. 2. Elisa Naranjo, 235 East 39th Street, spoke regarding not having water or power service due to a code enforcement issue related to two recreational vehicles located on the property. 3. Juan Santana, 5601 West 10th Avenue, spoke regarding Administrative Item 11G. 4. Angel de la Cruz, 931 East 14th Street, spoke regarding Administrative Item 11G. 5. Maria Gonzalez, 1755 West 72nd Street, spoke regarding Administrative Item 11G. 6. Diego Perez, Chair for the City of Hialeah Planning and Zoning Board, 501 Palm Avenue, spoke regarding Administrative Item 11G. 7. Tamara Reyes, 245 East 39th Street, spoke regarding Administrative Item 11G. 8. Guillermo Torres, 7853 West 16th Avenue, spoke regarding Administrative Item 11G. 9. Eric Johnson, Hialeah firefighters, Local 1102, spoke regarding Administrative Item 11G. 10. Ivonne Albertine, 7990 West 15th Lane, spoke regarding Administrative Item 11G. 1/19/2024 8:55 AM  11. Domingo Corte, 103 West 15th Street, spoke regarding Administrative Item 11G. 12. Libo Dominguez, 871 Southeast 5th Place, spoke regarding Administrative Item 11G. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. Add-On Items: Board Appointment Item 9D has been added to today’s agenda. B. Amended Items: Board Appointment Item 9A has been amended to reflect updated term dates. 9. BOARD APPOINTMENTS 9A. RESOLUTION: Proposed resolution appointing Manuel Reyes to the Historic Preservation Board of the City of Hialeah for a three (3) – year term beginning on January 10, 2024 ending on January 9, 2027. (MAYOR BOVO) APPROVED 7-0 RESOLUTION NO. 2024-001 REPORT: Motion to Approve Item 9A made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 7-0. On December 12, 2023, the item was postponed until January 9, 2024, per the applicant’s request. 9B. RESOLUTION: Proposed resolution appointing Marcelino Nunez to the Veteran’s Affairs Committee of the City of Hialeah for a (2)-year term ending on January 8, 2026; providing for an effective date. (COUNCIL MEMBER CALVO) APPROVED 7-0 RESOLUTION NO. 2024-002 REPORT: Motion to Approve Item 9B made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 7-0. 9C. RESOLUTION: Proposed resolution appointing Eduardo Santiesteban as a member of the Planning and Zoning Board for the remainder of a two (2)-year term ending on June 28, 2025; providing for an effective date. 1/19/2024 8:55 AM  (COUNCIL PRESIDENT TUNDIDOR) APPROVED 7-0 RESOLUTION NO. 2024-003 REPORT: Motion to Approve Item 9C made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 7-0. 9D. ADD ON ITEM RESOLUTION: Proposed resolution appointing Milagros “Milly” Herrera as a member of the Planning and Zoning Board for a two (2)-year term beginning on January 10, 2024 and ending on January 9, 2026. (COUNCIL MEMBER PACHECO) DENIED 2-5 REPORT: Motion to Approve Item 9D made by Council Member Calvo, and seconded by Council Member Pacheco. Motion fails 2-5 with Council President Tundidor, Council Vice President Garcia-Roves, and Council Members Perez, Rodriguez, and Zogby voting “No”. 10. CONSENT AGENDA All items listed u n d e r C o n s e n t A g e n d a with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. REPORT: Council Member Pacheco requested separate discussion on Consent Items G, H, and O. REPORT: Council Member Calvo requested separate discussion on Consent Items L and N. REPORT: Frank de la Paz (member of the public), 1100 Southwest 104th Street, requested separate discussion on Consent Item B. REPORT: Motion to Approve the Consent Agenda, except Items B, G, H, L, N, and O made by Council Member Rodriguez, and seconded by Council Member Perez. Motion passes 7-0. A. Request permission to approve the minutes of the City Council Meeting held on December 12, 2023 at 7:00 p.m. 1/19/2024 8:55 AM  (OFFICE OF THE CITY CLERK) APPROVED 7-0 B. RESOLUTION: Proposed resolution designating West 60th Street from Palm Avenue to West 2nd Avenue as “Raymond R. Robinson Street”, with the cost of signage to be paid by the City; providing for transmittal of the resolution to the County; and providing for an effective date. (ADMINISTRATION) APPROVED 7-0 RESOLUTION NO. 2024-004 REPORT: Frank de la Paz, 1100 Southwest 104th Street, spoke in favor of the approval of the item. REPORT: Mayor Bovo spoke on the item. REPORT: Carolee Robinson, Mr. Robinson’s widow, spoke on the item. REPORT: Motion to Approve Consent Item B made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 7-0. C. RESOLUTION: Proposed resolution accepting a grant award from the Nita M. Lowey Twenty- First Century Community Learning Centers (CCLC) grant in the amount of $584,100.00, for one- year commencing on August 1, 2023 through July 31, 2024, to fund the Young Leaders with Character Afterschool and Summer Programs operating out of three Twenty-First CCLC sites within the City of Hialeah for students in grades 6 through 8; and further authorizing the Mayor or his designee to execute any and all agreements and documents in furtherance thereof; and providing for an effective date. (EDUCATION AND COMMUNITY SERVICES DIVISION) APPROVED 7-0 RESOLUTION NO. 2024-005 D. SPECIAL EVENT PERMIT: Request from Erin Plascencia, on behalf of Verizon Communications Inc., to host a Verizon store on wheels to service customers, from Sunday, January 14, 2024 to Wednesday, January 31, 2024, with the hours of operation from Monday through Saturday being from 11:00 a.m. to 7:00 p.m., and on Sunday from 11:00 a.m. to 5:00 p.m., at the parking lot of Westland Mall located at 1675 West 49th Street, Hialeah, Florida 33012, expecting approximately 40 to 50 attendees a day, subject to compliance with the requirements of the Hialeah Fire Department, Police Department and Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 1/19/2024 8:55 AM  E. RESOLUTION: Proposed resolution authorizing the Mayor and the City Clerk, on behalf of the City, to establish a Sister City Relationship with the Town of Surfside to promote educational, informational, cultural and economic exchanges; and authorizing the Mayor or his designee to enter into a Sister Cities Memorandum of Understanding with the Town of Surfside; providing for implementation; and providing for an effective date. (OFFICE OF THE MAYOR) APPROVED 7-0 RESOLUTION NO. 2024-006 F. 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 issue a purchase order to Cepero Corp d/b/a Health and Safety Training Institute, to provide Hialeah Fire Department and Public Safety Communications personnel with medical training, approving the expenditure in an amount not to exceed $37,000.00, and providing for an effective date. (FIRE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-007 G. RESOLUTION: Proposed resolution authorizing the Mayor and the City Clerk, as attesting witnesses, on behalf of the City, to execute a Sub-Recipient Grant Agreement between Citrus Health Network, Inc. and the City of Hialeah, Florida, in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit “A”, to provide homeless assistance activities under the City’s established emergency solutions strategies including without limitation, homelessness prevention, rapid re-housing, emergency shelter, and outreach, in the amount of $67,072.37 for a term commencing January 1, 2024 through March 31, 2024; authorizing the Mayor and his designee to execute and deliver the ESG funds and all other necessary and customary documents in furtherance thereof on behalf of the City; and providing for an effective date. (DEPARTMENT OF GRANTS AND HUMAN SERVICES) APPROVED 7-0 RESOLUTION NO. 2024-008 REPORT: Daniella Tamayo, City of Hialeah Interim Grants Administrator, spoke on this item. REPORT: Maria Gonzalez (member of the public), 1755 West 72nd Street, spoke on this item. REPORT: Council President Tundidor requested a report on a quarterly basis with the count of homeless persons in Hialeah 1/19/2024 8:55 AM  REPORT: Motion to Approve Consent Item G made by Council Member Rodriguez, and seconded by Council Member Perez. Motion passes 7-0. H. RESOLUTION: Proposed resolution authorizing the Mayor and the City Clerk as attesting witnesses, on behalf of the City to execute a Sub-Recipient Grant Agreement between Citrus Health Network, Inc. and the City of Hialeah, Florida, in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit “A”, to provide homeless assistance activities under the City’s established emergency solutions strategies including without limitation, homelessness prevention, rapid re-housing, emergency shelter, and outreach, in the amount of $214,846.05 for a term commencing December 1, 2023 through August 31, 2024; authorizing the Mayor and his designee to execute and deliver the ESG funds and all other necessary and customary documents in furtherance thereof on behalf of the City; and providing for an effective date. (DEPARTMENT OF GRANTS AND HUMAN SERVICES) APPROVED 6-0-1 with Council Member Rodriguez not present during roll call. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve passed. RESOLUTION NO. 2024-009 REPORT: Motion to Approve Item H made by Council Member Pacheco, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Rodriguez not present during roll call. Council Member Rodriguez recorded his vote as “Yes” after the Motion to Approve passed. I. 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 issue a purchase order to the City of Miami Police Training Center for the Police Recruit Sponsorship Program, approving the expenditure in an amount not to exceed $109,800.00, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-010 J. RESOLUTION: Proposed resolution authorizing the donation of their respective primary service firearm to retired Officer Dilton Bosch and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-011 K. RESOLUTION: Proposed resolution authorizing the donation of their respective primary service firearm to retired Detective Juan Masso and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 1/19/2024 8:55 AM  RESOLUTION NO. 2024-012 L. 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 issue and execute a purchase order for the purchase of water meters, approving the expenditure in an amount not to exceed $89,248.00, and providing for an effective date. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-0-1 with Council Member Zogby not present during roll call. Council Member Zogby recorded his vote as “Yes” after the motion to approve passed. RESOLUTION NO. 2024-013 REPORT: Kevin Lynskey, Director of the Hialeah Department of Public Works, spoke on the item. REPORT: Motion to Approve Item L made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Zogby not present during roll call. Council Member Zogby recorded his vote as “Yes” after the Motion to Approved passed. M. RESOLUTION: Proposed resolution authorizing the Mayor and the City Clerk, on behalf of the City, to enter into a Mutual Aid Agreement with the Town of Surfside as a participating municipal police department to provide for the requesting and rendering of assistance for routine and intensive law enforcement situations to take effect upon full execution and approval by the therein named officials and shall continue in full force and effect for (5) years after it takes effect, a copy of which is part hereof as Exhibit “1”, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-014 N. RESOLUTION: Proposed resolution authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue and execute a purchase order to Tidal Basin Government Consulting, LLC, to provide the City with support for emergency management, response, recovery, mitigation and other services from the impacts or Irma until such services are concluded; approving the expenditure in an amount not to exceed $100,000.00; and providing an effective date. (EMERGENCY MANAGEMENT DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-015 REPORT: Ruth Rubi, City of Hialeah Executive Director of Finance Management, spoke on the item. 1/19/2024 8:55 AM  REPORT: Motion to Approve Item N made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 7-0. O. 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 Master Service Agreement with Meridian Government Services, LLC. and approve any of its subcontractor(s) to provide consulting, software development, professional and technical services for the City’s Enterprise Resource Planning (ERP) Software System with workday, approving the expenditure in an amount not to exceed $3 million as provided for in the fiscal year 2024 budget, and as may be provided in subsequent budgets, and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) (ADMNISTRATION) APPROVED 6-1 with Council Member Calvo voting “No”. RESOLUTION NO. 2024-016 REPORT: Ricardo Suarez, Chief Information Officer, 501 Palm Avenue, spoke on the item. REPORT: Ismare Monreal, Chief of Staff, 501 Trump Avenue, spoke on the item. REPORT: Brian Kelly, 4113 Beckett Avenue, Tallahassee, Florida, spoke on the item. REPORT: Motion to Approve Item O made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 6-1 with Council Member Calvo voting “No”. P. RESOLUTION: Proposed resolution approving a piggyback contract by the School Board of Sarasota County, Florida with Southeastern Surfaces & Equipment for the purchase of athletic equipment and its installation at Bucky Dent Park; 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 Southeastern Surfaces & Equipment in the amount not to exceed $69,323.76 for referenced purchase and installation; and in substantial conformity with the agreements attached hereto and made a part hereof as “Exhibit A and B”, and providing for an effective date. (PARKS AND RECREATION DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-017 11. ADMINISTRATIVE ITEMS 11A. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Hialeah Code of Ordinances Chapter 2, entitled "Administration", Article IV "Purchasing and Competitive Bidding", Division 2. "Competitive Bidding Procedure"; § 2-815 "Procedure" and rename such section "Procedure, Online Bidding Procedure"; allowing online electronic procurement for goods 1/19/2024 8:55 AM  and services in the manner specified in this section; additionally adopting a new subsection § 2- 819.1 entitled "Cooperative Purchasing", further providing basic cooperative purchasing procedures in such new subsection; 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. (PURCHASING DIVISION) APPROVED 7-0 ORDINANCE NO. 2024-001 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Administrative Item 11A made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 7-0. On December 12, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 9, 2024. 11B. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 98, entitled “Zoning”, amending § 98-103 “Rezoning Application” permitting rezoning and land use amendment applications to be submitted concurrently; repealing all 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) APPROVED 7-0 REPORT: Motion to Approve Administrative Item 11B made by Council Member Rodriguez, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for January 23, 2024. 11C. ORDINANCE: First reading of proposed ordinance amending Chapter 2, entitled “Administration”, Article VII, entitled, “City Property”, of the Code of Ordinances of the City of Hialeah, and in particular, by enacting a new Code Section 2-904, entitled “Lease of City’s Real Property”, to provide minimum standards for the leasing of City real property; providing lease provisions and procurement procedures for such leases; providing limited exceptions from such procurement procedures; repealing all ordinances or parts of ordinances in conflict herewith; providing for inclusion in the code; providing for a severability clause; and providing for an effective date. (ADMINISTRATION) APPROVED 7-0 REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. 1/19/2024 8:55 AM  REPORT: Motion to Approve Administrative Item 11C made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for January 23, 2024. 11D. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 6, entitled “Alcoholic Beverages”, amending § 6-66 “Distance Separation Requirements; Restrictions” to reflect changes on 4 COP requirements as per House Bill 639; 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) APPROVED 7-0 REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. REPORT: Motion to Approve Administrative Item 11D made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for January 23, 2024. 11E. ORDINANCE: First reading of proposed ordinance amending Chapter 70 entitled “Retirement and Pensions”, Article VII “Elected Officials” of the Code of Ordinances of the City of Hialeah, specifically by changing the composition of the Oversight Committee and to delete obsolete language; providing for a severability clause; repealing all ordinances in conflict herewith, providing for codification in the City code, and providing for an effective date. (RETIREMENT DIVISION) APPROVED 7-0 REPORT: Motion to Approve Administrative Item 11E made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for January 23, 2024. 11F. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 1 , entitled “General Provisions”, by enacting a new section 1-13 entitled “Official City Seal” providing a description; disallowing unauthorized use of such seal; providing for an alternate seal; authorizing city staff to undertake certain administrative actions; reserving all rights as to City seals; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. 1/19/2024 8:55 AM  (ADMINISTRATION) APPROVED 6-1 REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Motion to Approve Administrative Item 11F made by Council Member Perez, and seconded by Council Vice President Garcia-Roves. Motion passes 6-1 with Council Member Calvo voting “No”. REPORT: Second reading and public hearing is scheduled for January 23, 2024. 11G. 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) APPROVED AS AMENDED 7-0 AMENDMENTS: 1. Shall register a recreational vehicle with the City at no cost. 2. City shall provide notice to resident that unlawful use of water will result in disconnect of services. 3. Recreational vehicle must be located on the property perpendicular to the sidewalk. REPORT: Alexander Magrisso, Assistant City Attorney, addressed the City Council. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Mayor Bovo spoke on the item. REPORT: Alexis Riveron, the City’s Building Official, spoke on the item. REPORT: Council Member Calvo requested that the Planning and Zoning Division evaluate whether section (f) of the proposed Ordinance should be removed from page 6 of the proposed ordinance. REPORT: Motion to Approve Administrative Item 11G as Amended made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 7-0. 1/19/2024 8:55 AM  REPORT: Second reading and public hearing is scheduled for January 23, 2024. On September 26, 2023, the City Council tabled the item until further notice. 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. 11H. ORDINANCE: First reading of proposed ordinance amending Chapter 98 of the City of Hialeah Code of Ordinances entitled “Zoning”, Article VI, Supplementary District Regulations, Division 3, Building and Structures, creating a new section, 98-1681 to allow mobile food dispensing vehicles a/k/a food trucks to operate in the city subject to certain operating standards; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for severability clause; providing for inclusion in the code, and providing for an effective date. (ADMINISTRATION) TABLED UNTIL JANUARY 23, 2024 REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. REPORT: Alexander Magrisso, Assistant City Attorney, spoke on the item. REPORT: Yesenia Gruich, Occupational License Official for the City of Hialeah, spoke on this item via zoom. REPORT: Carlos Diaz, Fire Marshall for the Hialeah Fire Department, spoke on the item. REPORT: Motion to Table Administrative Item 11H until January 23, 2024 made by Council Member Rodriguez, and seconded by Council Member Calvo. Motion passes 7-0. REPORT: First reading is scheduled for January 23, 2024. 12. UNFINISHED BUSINESS REPORT: Council Member Pacheco, spoke regarding influx of immigration in the City of Hialeah. 1/19/2024 8:55 AM  13. NEW BUSINESS A. DISCUSSION ITEM: Review of the City’s Affordable Housing to be Managed by Hialeah Housing Authority. (ADMINISTRATION) REPORT: Mayor Bovo spoke on the item. REPORT: Julio Ponce, Executive Director for Hialeah Housing Authority, 75 East 6th Street, spoke on the item. 14. LANDUSE REPORT: All were duly sworn in by Marbelys Fatjo, City Clerk. REPORT: Council Vice President Garcia-Roves left the meeting at 11:15 p.m. REPORT: Item PZ7 was considered out of the order of the agenda, prior to Item LU1, per Council President Tundidor’s direction, with no opposition from the rest of the City Council. LU 1. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Commercial to Office and Professional Services District; property located at 383 West 35th 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 December 12, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 9, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Elsa LLC. On November 15, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owners: Elsa LLC, Cristina Sori, and Jorge Luis Sosa, 3499 West 4th Avenue, Suite 101, Hialeah, Florida 33012. APPROVED 6-0-1 with Council Vice President Garcia-Roves absent. ORDINANCE NO. 2024-002 1/19/2024 8:55 AM  REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item LU1 made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Vice President Garcia-Roves absent. 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-1 (Restricted Retail Commercial District); property located at Folio No. 04-3106-009-0040 adjacent to 4290 East 4th Avenue, Hialeah, zoned R-1 (One-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 December 12, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 9, 2024. Registered Lobbyist: John C. Lukacs, Sr., 2655 South LeJeune Road, Suite 1011, Coral Gables, Florida 33134, on behalf of Ricardo Lago. On November 15, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Ricardo Largo, 7101 Southwest 12th Street, Miami, Florida 33144. APPROVED 6-0-1 with Council Vice President Garcia-Roves absent. ORDINANCE NO. 2024-003 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ1 made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Vice President Garcia-Roves absent. PZ 2. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from R-2 (One-and Two-Family Residential District) to OPS (Office and Professional Service District); property located at 383 West 35th 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 1/19/2024 8:55 AM  for an effective date. On December 12, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 9, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Elsa LLC. On November 15, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Approval. Property Owner: Elsa LLC, Cristina Sori, and Jorge Luis Sosa, 3499 West 4th Avenue, Suite 101, Hialeah, Florida 33012. APPROVED 6-0-1 with Council Vice President Garcia-Roves absent. ORDINANCE NO. 2024-004 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ2 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Vice President Garcia-Roves absent. PZ 3. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from M-1 (Industrial District) to C-1 (Restricted Retail Commercial District) for the use of a new cafeteria; and granting a Variance Permit to allow an existing 5-foot rear setback, where 15 feet is the minimum required, and allow the existing landscape buffer between the off-street parking and the right-of-way of 2.5 feet, where 7 feet is required, in contrast to Hialeah Code of Ordinances § 98-1117 and the City of Hialeah Landscape Manual updated December 2022. Property located at 4185 East 10th Court, Hialeah, zoned M-1 (Industrial 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 December 12, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 9, 2024. Registered Lobbyist: Frank De La Paz, 1100 Southwest 104th Street, Suite 2804, Miami, Florida 33166, on behalf of Suniel Arzola. On November 15, 2023, the Planning and Zoning Board recommended approval of this item as amended with the condition that the parking and right-of-way (ROW) improvements be completed within 180 days. Planner’s Recommendation: Approval with conditions. 1/19/2024 8:55 AM  Property Owner: Suniel Arzola, 4185 East 10th Court, Hialeah, Florida 33013 APPROVED 6-0-1 with Council Vice President Garcia-Roves absent. ORDINANCE NO. 2024-005 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ3 made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Vice President Garcia-Roves absent. PZ 4. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Variance Permit to re-plat the property into two substandard lots, with each lot having a frontage of approximately 37.5 feet and total area of approximately 4,275 square feet, where frontage of 75 feet and total area of 7,500 square feet are required; allow no interior north side setback for the southern lot, where 7.5 feet is the minimum required; allow no interior south side setback for the northern lot, where 7.5 feet is the minimum required; allow a rear setback of 15 feet for both lots, where 25 feet is the minimum required; and allow a lot coverage of 36% for each lot, where 30% is the maximum allowed; property located at 2450 West 5th Avenue, Hialeah, zoned R-2 (One and Two-Family Residential District). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On December 12, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 9, 2024. Registered Lobbyist: Manny Reus (architect), 10501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of Four Infinity, LLC. On November 15, 2023, the Planning and Zoning Board recommended approval of this item with the conditions that the development of the property is consistent with the plans prepared by Manny Reus, Architect dated August 28, 2023, including the proposed site plan, elevations, architectural features, color scheme, and landscaping, as well as that the parking lot fronting the right-of-way (ROW) be paved (pavers). Planner’s Recommendation: Approval with conditions. Property Owner: Four Infinity, LLC, 5880 Northwest 77th Court, Doral, Florida 33166. APPROVED 6-0-1 with Council Vice President Garcia-Roves absent. ORDINANCE NO. 2024-006 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ4 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Vice President Garcia-Roves absent. 1/19/2024 8:55 AM 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 expansion on a property that is not within an activity node and that has an area of 6,450 square feet and a street frontage of 129 feet, where the Neighborhood Business District Overlay regulations may extend to properties that are within activity node areas situated on sites with a minimum area of 20,000 square feet and a minimum street frontage of 200 feet; allow single use as a 3-story/10 unit multifamily residential development, where mixed use is required; allow all units to have an area of 592 square feet, where 850 square feet is the minimum required for each residential unit, and only 10% of the units may have a minimum of 600 square feet; allow a 7.5 foot front setback where 15 feet are required; allow 13 parking spaces where 23 parking spaces are required; allow a density increase from 32 units per acre to 70 units per acre without providing the incentives to increase density; and allow to waive the building mass and frontage development standards, in contrast to Hialeah Code of Ordinances §§ 98-1629, 98-1630.2, 98-1630.3(e)(2) & 98-2189(16)(a). Property located at 93 West 28 Street, Hialeah, zoned R-3 (Multiple-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 December 12, 2023, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 9, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of LXR 93 2825 LLC. On November 15, 2023, the Planning and Zoning Board recommended approval of this item. Planner’s Recommendation: Denial. Property Owner: LXR 93 2825 LLC, 1900 Merlon Point Road, Miami, Florida 33015 and Jesus Feina, 14068 Northwest 82nd Avenue, Unit 7A, Miami Lakes, Florida 33016. APPROVED 6-0-1 with Council Vice President Garcia-Roves absent. ORDINANCE NO. 2024-007 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ5 made by Council Member Perez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Vice President Garcia-Roves absent. PZ 6. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-2 grade Elementary School with a maximum capacity of 29 students in conjunction with an existing 62 children daycare; granting a Variance Permit to allow 8 parking spaces, where 15 parking spaces are required; and allow all parking spaces to back out into the right-of-way, where backout parking is only allowed in Low Density Residential properties; in contrast to Hialeah Code of Ordinances §98-2189(9); and §9-3(3) 1/19/2024 8:55 AM  titled Traffic Flow and Vehicle Parking of the Land Development Code; Property located at 484- 490 East 32 Street, Hialeah, zoned R-3 (Multiple-Family District). Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for severability clause; and providing for an effective date. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Thumbelina Play & Learning Center, Inc. On December 13, 2023, the Planning and Zoning Board recommended approval of this item with the condition that the elementary school maintain within the specified maximum capacity of 29 students, and the daycare adheres to a limit of 62 children. Planner’s Recommendation: Denial. Property Owner: Thumbelina Play & Learning Center, Inc., and Alicia Garcia, 490 East 32nd Street, Hialeah, Florida 33013. APPROVED 6-0-1 with Council Vice President Garcia-Roves absent. REPORT: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, registered lobbyist, addressed the City Council. Motion to Approve Item PZ6 with Conditions made by Council Member Rodriguez, and seconded by Council Member Calvo. Motion passes 6-0-1 with Council Vice President Garcia-Roves absent. REPORT: Second reading and public hearing is scheduled for January 23, 2024. PZ 7. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) to allow an elementary school to operate on property zoned R-1 (One-Family District); granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-5 Grade Elementary School, on a freestanding campus setting property, with a maximum capacity of 71 students in conjunction with a daycare with a capacity of 169 children and granting a Variance Permit to allow an 8 foot wall in height, where 6 feet is the maximum allowed on residential zone properties in contrast to Hialeah Code of Ordinances § 98-2121 (b)(2)(3); Property located at 21 East 59 Street, Hialeah, zoned R-1 (One-Family District) legally described herein; repealing all 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 Childrens Paradise Learning Center, Inc. On December 13, 2023, the Planning and Zoning Board recommended approval of this item with the conditions that children and student capacity be limited to 240 students, building colors be changed as recommended, illegal classroom trailer be removed immediately, swale area parking be ceased immediately, proposed redevelopment of the site to be 1/19/2024 8:55 AM  completed in a period of two (2) years, and 8 foot concrete block and stucco wall and dense landscaping to be provided along the north and east property lines. Planner’s Recommendation: Approval with conditions. Property Owner: Jonaiky Miranda, 16233 Northwest 86th Court, Miami Lakes, Florida 33016. APPROVED 6-0-1 with Council Vice President Garcia-Roves absent. REPORT: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, registered lobbyist, addressed the City Council. Motion to Approve Item PZ7 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Vice President Garcia-Roves absent. REPORT: Second reading and public hearing is scheduled for January 23, 2024. 16. FINAL DECISIONS FD 1. RESOLUTION: Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2023-09 granting a rear setback of 5 feet one inch, where 20 feet is the minimum required for the construction of a new terrace for property located at 3395 West 13th Avenue, Hialeah, zoned R-1 (One-Family District); and providing for an effective date. ITEM IS POSTPONED UNTIL JANUARY 23, 2024. On November 15, 2023, the Planning and Zoning Board recommended approval with conditions. Planner’s Recommendation: Approval with the condition that 5 feet, 1-inch south setback that the terrace remains open on three sides. Property Owners: Orlando Enrique Seoane, 3395 West 13th Avenue, Hialeah, Florida 33012. 17. CITY COUNCIL DISCUSSION None reported. 18. ADJOURNMENT 1/19/2024 8:55 AM REPORT: Council President Tundidor adjourned the meeting at 11:43 p.m. NEXT CITY COUNCIL MEETING: Tuesday, January 23, 2024 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: February 27, 2024 at 6:30 p.m. Anyone wishing to obtain a copy of an agenda item should contact the Office of the City Clerk at (305) 883-5820 or visit at 501 Palm Avenue, 3rd Floor, Hialeah, Florida, between the hours of 8:30 a.m. and 5:00 p.m. Persons wishing to appeal any decision made by the City Council, with respect to any matter considered at the meeting, will need a record of the proceedings and, for such purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. An ordinance or resolution shall become effective when passed by the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor’s signature is withheld or if the City Council overrides the Mayor’s veto. If the Mayor’s veto is sustained, the affected ordinance or resolution does not become law and is deemed null and void. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 883- 5820 for assistance no later than two (2) days prior to the proceeding; if hearing impaired you may telephone the Florida Relay Service at (800) 955-8771 (TDD), (877) 955-8773 (Spanish) or (800) 955-8770 (Voice). 1/19/2024 8:55 AM