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 23, 2024 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:17 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with Council Member Rodriguez absent. 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 Member Calvo led the Pledge of Allegiance. 1/29/2024 8:48 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 Carballo, Senior Business Analyst with the City of Hialeah Information Technology Department is recognized as the City of Hialeah 2023 Employee of the Year. (HUMAN RESOURCES DEPARTMENT) 1/29/2024 8:48 AM  REPORT: Mayor Bovo, alongside the Members of the City Council recognized Juan Carballo. 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 the Comments and Questions of the meeting. 1. Juan Santana, 5601 West 10th Avenue, commended the Mayor on street cleanings on 8th Avenue, spoke regarding Code Compliance, and provided each Council Member with a copy of the United States Constitution. 2. Jose Azze, 788 Southeast Park Drive, Hialeah, spoke regarding Administrative Item 11H.  REPORT: Rafael Suarez-Rivas, City Attorney, responded to Mr. Azze. 3. Ferny Coipel, 3760 East 6th Avenue, spoke regarding the request to name a street after Andy Mejides and regarding Ordinance No. 85-86 of the City Code. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. Add-On Items: Consent Items H and I have been added to today’s agenda. B. Amended Items: Additional back=up documentation was added to Item PZ 2 from Yoniel Gonzalez, Gisela Palenzuela, Dayana Levy, and other residents at 11 East 60th Street, Hialeah, Florida 33013. C. Postponed Items: Consent Item G has been postponed until February 13, 2024. 9. BOARD APPOINTMENTS 9A. RESOLUTION: Proposed resolution reappointing Michael Rosengaus to the Board of Trustees of the Employees’ General Retirement System as the Fraternal Order of Police appointment, for a two (2)-year term beginning on January 1, 2023 and ending on December 31, 2024. 1/29/2024 8:48 AM  (FRATERNAL ORDER OF POLICE) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-018 REPORT: Motion to Approve Item 9A made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez absent. 9B. RESOLUTION: Proposed resolution appointing Enrique Masson as a member of the Planning and Zoning Board for a two (2)-year term beginning on January 24, 2024 and ending on January 23, 2026, and providing for an effective date. (COUNCIL MEMBER PACHECO) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-019 REPORT: Motion to Approve Item 9B made by Council Member Pacheco, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Rodriguez absent. 10. CONSENT AGENDA All items listed u n d e r C o n s e n t A g e n d a with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. REPORT: Motion to Approve the Consent Agenda made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez absent. A. Request permission to approve the minutes of the City Council Meeting held on January 9, 2024 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Rodriguez absent. B. 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 and execute Amendment No. 1 to the Master Services Agreement for L3Harris Technologies Inc./Harris Corp. in the amount not to exceed $261,021.00, for Contractual Services and Maintenance for the City of Hialeah (City) P25 Radio System and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an 1/29/2024 8:48 AM  effective date. (FIRE DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-020 C. Request permission to issue a Purchase Order and enter into a Professional Services Agreement between the City of Hialeah and Maria Molina, PHD, to provide enterprise resource planning services, for a two-year term, in a total expense amount not to exceed $100,000.00. The funding for this expenditure is to be withdrawn from the Professional Services Account No. 001.8500.519310. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. D. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Albany, Georgia and ESG, an Inframark company, authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue two purchase orders to Inframark in the amount not to exceed $2,707,462.00 total, for the purchase of lift station services and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A", until June 30, 2024. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-021 E. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Jacksonville, Florida and Ferguson Enterprises authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Ferguson Enterprises in the amount not to exceed $250,000.00 for the purchase of pipe and materials and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A", until May 14, 2028. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-022 F. Request for a street closure permit to host the Jose Marti Parade, for the closure of the following streets on Sunday, January 28, 2024, from 8:00 a.m. to 6:00 p.m.: 1. West 29th Street from West 4th Avenue to West 11th Avenue, with traffic open only to event personnel 1/29/2024 8:48 AM  2. West 9th Avenue from West 29th Street to West 27th Street 3. West 27th Street from West 9th Avenue to West 5th Avenue (COMMUNICATIONS AND SPECIAL EVENTS DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. G. Request permission to increase Purchase Order No. 2024-847, issued to Akerman LLP, for legal services related to providing specialized advice to the City for the proposed development of the new City of Hialeah Government Center in a public-private partnership (“P3”) with a selected developer, by an additional amount of $25,000.00, for a total cumulative expense amount not to exceed $50,000.00. (LAW DEPARTMENT) POSTPONED UNTIL FEBRUARY 13, 2024. H. ADD ON ITEM RESOLUTION: Proposed resolution designating Tina Worsley Ancrum as member of the Seminola Community to serve on the temporary Centennial Committee as the Mayor’s appointment; and providing for an effective date. (ADMINISTRATION) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-023 I. ADD ON ITEM RESOLUTION: Proposed resolution designation East 6th Street between 2nd and 3rd Avenue as “South Hialeah Elementary School Street” with the cost of signage to be paid by the City; and providing for an effective date. (MAYOR BOVO) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-024 REPORT: Mayor Bovo spoke on the item. REPORT: Dr. Dillon Williams, 265 East 5th Street, Principal of South Hialeah Elementary School, spoke on the item. The Hialeah Historic Preservation Board recommended approval of this item on January 22, 2024. 11. ADMINISTRATIVE ITEMS 1/29/2024 8:48 AM 11A. ORDINANCE: Second reading and public hearing 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 6-0-1 with Council Member Rodriguez absent. ORDINANCE NO. 2024-008 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 6-0-1 with Council Member Rodriguez absent. On January 9, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 23, 2024. 11B. ORDINANCE: Second reading and public hearing 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 AS AMENDED 6-0-1 with Council Member Rodriguez absent. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. ORDINANCE NO. 2024-009 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 11B as amended made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: The City Council accepted the amendment of adding subsection (b)(11) to Roman Numeral VI proposed by the administration, as well as an amendment regarding Florida Statute 768.28 proposed by Council Member Calvo. 1/29/2024 8:48 AM  On January 9, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 23, 2024. 11C. ORDINANCE: Second reading and public hearing 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 6-0-1 with Council Member Rodriguez absent. ORDINANCE NO. 2024-010 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 11C made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Rodriguez absent. On January 9, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 23, 2024. 11D. ORDINANCE: Second reading and public hearing 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 6-0-1 with Council Member Rodriguez absent. ORDINANCE NO. 2024-011 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 11D made by Council Member Perez, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0- 1 with Council Member Rodriguez absent. On January 9, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 23, 2024. 11E. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Hialeah 1/29/2024 8:48 AM  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 and effective date. (ADMINISTRATION) APPROVED 4-2-1 with Council Members Calvo and Pacheco voting “No”, and Council Member Rodriguez absent. ORDINANCE NO. 2024-012 REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Council President Tundidor opened the item for public participation and one member of the public present in the Council Chambers expressed interest in participating: 1. REPORT: Frank De La Paz, 1100 Southwest 104th Street, spoke on the item. REPORT: Motion to Approve Administrative Item 11E made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 4-2-1 with Council Members Calvo and Pacheco voting “No”, and Council Member Rodriguez absent. On January 9, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 23, 2024. 11F. ORDINANCE: Second reading and public hearing 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. (SPONSOR: COUNCIL PRESIDENT TUNDIDOR) (CO-SPONSOR: MAYOR BOVO) APPROVED AS AMENDED 4-2-1 with Council Members Calvo and Pacheco voting “No”, and Council Member Rodriguez absent. REPORT: Council President Tundidor opened the item for public participation and four members of the public present in the Council Chambers or participating via Zoom expressed interest in speaking. 1. REPORT: Belkis Ortega, 460 East 23rd Street, requested that her three minutes of allotted time to address the City Council be forwarded to Mr. Juan Santana, so that he may have additional time to speak. REPORT: Juan Santana, 5601 West 10th Avenue, spoke on the item. 1/29/2024 8:48 AM  REPORT: Jose Azze, 788 Park Drive, spoke on the item. REPORT: Ivonne Albertine, 7990 West 15th Lane, spoke on the item. REPORT: Mayor Bovo spoke on the item. 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: Alexander Magrisso, Assistant City Attorney, addressed the City Council. REPORT: Council President Tundidor handed the gavel to Council Vice President Garcia- Roves to chair the meeting. ORDINANCE NO. 2024-013 REPORT: Motion to Approve Administrative Item 11F as amended made by Council President Tundidor, and seconded by Council Member Perez. Motion passes 4-2-1 with Council Members Calvo and Pacheco voting “No”, and Council Member Rodriguez absent. REPORT: The City Council accepted the amendment proposed by Council Member Calvo of removing the word “townhomes” from subsection (e). On January 9, 2024, the City Council approved the item as amended on first reading. 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. 11G. 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. (ZONING) APPROVED 4-0-3 with Council Members Calvo and Pacheco away during roll call, and Council Member Rodriguez absent. Council Member Calvo recorded his vote as “No”, and 1/29/2024 8:48 AM  Council Member Pacheco recorded her vote as “Yes” after the Motion to Approve had passed. REPORT: Alexander Magrisso, Assistant City Attorney, addressed the City Council. REPORT: Debora Storch, the City’s Planning and Zoning Official, spoke on the item. REPORT: Mayor Bovo spoke on the item. REPORT: Yesenia Gruich, Occupational License Official for the City of Hialeah, spoke on this item via Zoom. REPORT: Motion to Approve Administrative Item 11G made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 4-0-3 with Council Members Calvo and Pacheco away during roll call. Council Member Calvo recorded his vote as “No”, and Council Member Pacheco recorded her vote as “Yes” after the Motion to Approve had passed. REPORT: Second reading and public hearing is scheduled for February 13, 2024. On January 9, 2024, the City Council tabled the item on first reading until January 23, 2024. First reading is rescheduled for the City Council Meeting of January 23, 2024. 11H. RESOLUTION: Proposed resolution amending the Rules and Procedures for the City Council meetings of the City of Hialeah, in a form as attached hereto and made a part hereof as Exhibit “1”, and providing for an effective date. (SPONSOR: COUNCIL PRESIDENT TUNDIDOR) (CO-SPONSOR: MAYOR BOVO) APPROVED 5-0-2 with Council Member Calvo away during roll call and Council Member Rodriguez absent. Council Member Calvo recorded his vote as “No” after the Motion to Approve had passed. RESOLUTION NO. 2024-025 REPORT: Motion to Approve Administrative Item 11H made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member Calvo away during roll call and Council Member Rodriguez absent. Council Member Calvo recorded his vote as “No” after the Motion to Approve had passed. 11I. RESOLUTION: Proposed resolution pursuant to the City Charter and Code of Ordinances, to appoint William Mark Grodnick as a member of the Oversight Committee, for a two (2)-year term; and providing for an effective date. (MAYOR BOVO) APPROVED 5-0-2 with Council Member Calvo away during roll call and Council Member Rodriguez absent. Council Member Calvo recorded his vote as “Yes” after the Motion to Approve had passed. 1/29/2024 8:48 AM  RESOLUTION NO. 2024-026 REPORT: Motion to Approve Administrative Item 11 I made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 5-0-2 with Council Member Calvo away during roll call and Council Member Rodriguez absent. Council Member Calvo recorded his vote as “Yes” after the Motion to Approve had passed. 12. UNFINISHED BUSINESS REPORT: Council President Tundidor spoke on the Affordable Housing Task Force meetings. REPORT: Motion to convene the Affordable Housing Task Force meetings made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-0- 2 with Council Member Calvo away during roll call and Council Member Rodriguez absent. 13. NEW BUSINESS A. ITEM FOR DISCUSSION: Rafael Suarez-Rivas, City Attorney speaks regarding new financial disclosure requirements for local officials effective January 1, 2024 (Form 6). REPORT: Discussed B. REPORT: Mayor Bovo invited Kevin Lynskey, Public Works Director for the City of Hialeah to speak on the ongoing work on West 4th Avenue. REPORT: Kevin Lynksey, Public Works Director, spoke on the ongoing work on West 4th Avenue. REPORT: Mayor Bovo spoke regarding the Order Granting Defendant’s Motion to Dismiss Complaint with Prejudice in the case of Bryan Calvo (Plaintiff) vs. Esteban Bovo, Jr. (Defendant). REPORT: Council Member Calvo, responded to Mayor Bovo, Jr., on the Court Order on the 911 Communications Department. REPORT: Motion to request the Law Department to draft an Ordinance to allow Council Members to receive public records from the City free of charge made by Council Member Calvo. Motion Fails due to the lack of a second to the motion. 14. LANDUSE REPORT: All were duly sworn in by Marbelys Fatjo, City Clerk. 1/29/2024 8:48 AM LU 1. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map from Industrial to Mixed Use; property located at North-West corner of West 36th Avenue and West 108th Street / 3605 West 108th Street, Hialeah, zoned BDH (Business Development District) legally described herein (Folio 04-2017-001-0080 and 04-2017-001-0081); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of MS Investment Services (Mitchel Sabina) On January 10, 2024, the Planning and Zoning Board recommended approval of this item with the condition that a Declaration of Restrictive Covenants is proffered and the platting process is completed within three (3) months of the approval of this Land Use Application. Planner’s Recommendation: Approve with conditions Property Owner: Mitchel Sabina, 7767 Northwest 146 Street, Miami Lakes, Florida 33016. APPROVED 6-0-1 with Council Member Rodriguez absent. REPORT: Manny Reus, 18501 Pines Boulevard, Suite 342, registered lobbyist, addressed the City Council and provided additional back up which is on file with the Office of the City Clerk. Motion to Approve Item LU 1 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for February 13, 2024. 15. ZONING PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-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) 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. APPROVED 6-0-1 with Council Member Rodriguez absent. 1/29/2024 8:48 AM  REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council ORDINANCE NO. 2024-014 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 PZ 1 made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Rodriguez absent. On January 9, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 23, 2024. 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. PZ 2. ORDINANCE: Second reading and public hearing 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. TABLED UNTIL FEBRUARY 13, 2024 REPORT: Efran Valdes, 36 East 59th Street, spoke in opposition to the approval of the item. REPORT: Zackary Palacios, 10 East 60th Street, spoke in opposition to the approval of the item. REPORT: Sandy Palacios, 10 East 60th Street, spoke in opposition to the approval of the item. REPORT: Jose Azze, 788 Southeast Park Drive, spoke in opposition to the approval of the item. 1/29/2024 8:48 AM  REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council REPORT: Carlos Cardoso, 14125 Northwest 80th Avenue, Architect, addressed the City Council on behalf of the applicant. REPORT: Deron Fonseca, 805 West 74th Street, spoke in favor of the approval of the item. REPORT: Michelle Zakani, 7155 Northwest 179th Street, spoke in favor of the approval of the item. REPORT: Debora Storch, the City’s Planning and Zoning Official, addressed the City Council. REPORT: Yoni Gonzalez, 11 East 60th Street, spoke in opposition to the approval of the item via Zoom. REPORT: Anai Monteagudo, 41 East 59th Street, spoke in opposition to the approval of the item. Motion to Table item PZ 2 until February 13, 2024 made by Council Member Calvo, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for February 13, 2024. On January 9, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 23, 2024. 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 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. PZ 3. ORDINANCE: First reading of proposed ordinance rezoning property from R-3 (Multiple-Family District) to R-3-4 (Multiple-Family District). Granting a Variance Permit to allow a front setback of 4.33 feet, where 25 feet are required; 0.33 foot south side setback, where 10 feet are required; rear setback of 9 feet, where 20 feet are required; 22% pervious area, where 30% is the minimum required; in contra to Hialeah Code of Ordinances §98-589 §98-590 §98-591 §98-2056; 1050 1/29/2024 8:48 AM  Southeast 9th Court and 1070 Southeast 9th Court Hialeah, zoned R-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. APPROVED 6-0-1 with Council Member Rodriguez absent. Motion to Approve Item PZ 3 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for February 13, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of H1070 LLC. On January 10, 2024, the Planning and Zoning Board recommended approval of this item with the condition that the applicant provides a recorded Unity of Title prior to the Building Permit (currently two different property owners) and provides a color scheme prior to the first reading before the City Council scheduled for Tuesday, January 23, 2024. Planner’s Recommendation: Approval to rezone to R-3-4 and all variances with conditions. Property Owner: Eddy Gorrin, 8814 Northwest 176 Street, Hialeah, Florida 33018, Juan Pulles and Dania Pulles, 8242 Northwest 164 Street, Miami Lakes, Florida 33016. PZ 4. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a multifamily development including 239 units on property located within a quarter-mile radius of the Hialeah Heights Commercial Development District (CDH); and rezoning property from MH (Industrial District) to RH-CD (Mixed Use Multiple Family District); property located at 8875 West 40th Avenue, Hialeah, zoned MH (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. APPROVED 6-0-1 with Council Member Rodriguez absent. Motion to Approve Item PZ 4 made by Council Member Calvo, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for February 13, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Gimrock Property LLC. On January 10, 2024, the Planning and Zoning Board recommended approval subject to substantial consistency with the proposed site plan and elevations by Stantec Architecture, Inc. dated October 11th, 2023, including proposed density, buffers, color palette, walkways, sidewalks, and open access with no vehicular gates at the Northwest 102nd Street entrance. As required by the Conditional Use Permit, process a Declaration of Restrictive Covenants 1/29/2024 8:48 AM  shall accompany the application providing for construction completion deadlines and adherence to the submitted proposal as detailed above. Planner’s Recommendation: Approval subject to Declaration of Restrictive Covenants conditions. Property Owner: Gimrock Property LLC and WEC Holdings LLC, 13901 Northwest 118 Avenue, Miami, Florida 33178 and Daniel I. Halley, 8620 Southwest 48 Street, Miami, Florida 33155. PZ 5. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-first grade elementary school with a maximum capacity of 24 students occupying a single bay (Bay 356 Palm Avenue) in conjunction with a 62-children daycare (Bays 362, 368, 374, 380, and 386 Palm Avenue); granting a Variance Permit to allow 26 parking spaces (23 on-site and 3 off-site), where 27 parking spaces are required; in contrast to Hialeah Code of Ordinances §98-2189(9); property located at 356 Palm Avenue, 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. APPROVED 5-1-1 with Council President Tundidor voting “No” and Council Member Rodriguez absent. Motion to Approve Item PZ 5 made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 5-1-1 with Council President Tundidor voting “No” and Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for February 13, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Donoso Academy DBR, LLC. On January 10, 2024, the Planning and Zoning Board recommended approval of this item with the condition that the legalization of the unpermitted improvements on bays 356, 362, and 386 are completed within four (4) months from the date of approval of the application. Planner’s Recommendation: Approval with the condition that the legalization of the un- permitted improvements on bays 356, 362, and 386 is completed within 4 months from the date of approval of the application, approve a CUP to allow a K through First grade elementary school with a maximum capacity of 24 students occupying a single bay (Bay 356) in conjunction with a 62 children daycare (Bays 362, 368, 374, 380 and 386) and approve a Parking Variance to allow 26 parking spaces (23 on-site and 3 off-site), where 27 parking spaces are required. Property Owner: Lewis V. Swezy, 7735 NW 146 Street, Suite 306, Miami Lakes, Florida 33016. 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 Vocational Nail Technical School with 1/29/2024 8:48 AM  16 stations; property located at 1290 West 49th Street and 1300 West 49th Street, Suite 1304, Hialeah, zoned C-2 (Liberal Retail Commercial District) and C-3 (Extended Liberal Retail Commercial 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. APPROVED 6-0-1 with Council Member Rodriguez absent. Motion to Approve Item PZ 6 made by Council Member Calvo, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for February 13, 2024. On January 10, 2024, the Planning and Zoning Board recommended approval of this item with the condition that that the vocational nail school stays with 16 stations and does not violate any of the restrictions applicable under the recorded Declaration of Restrictive Covenant. Planner’s Recommendation: Approval with conditions. Property Owner: WDS Developers Corp Inc., 696 Northeast 125 Street, North Miami, Florida 33161. 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. APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-027 Motion to Approve FD 1 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez absent. The item was postponed until January 23, 2024 for legal publication in the newspaper. Item is scheduled to be considered by the City Council on 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. 1/29/2024 8:48 AM  Property Owners: Orlando Enrique Seoane, 3395 West 13th Avenue, Hialeah, Florida 33012. 17. CITY COUNCIL DISCUSSION REPORT: Council Member Pacheco, spoke regarding the procedure on Council Members receiving Public Record Requests free of charge. 18. ADJOURNMENT REPORT: Council President Tundidor adjourned the meeting at 11:04 p.m. NEXT CITY COUNCIL MEETING: Tuesday, February 13, 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). 1/29/2024 8:48 AM