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City Council

Regular Meeting

Hialeah, FL · February 13, 2024

AgendaMinutes

Minutes

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 February 13, 2024 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:05 p.m. B. REPORT: Council President Tundidor called a moment of silence for the passing of Council Member Rodriguez’s father and City of Hialeah Fire Department Cadet Yanaisa Pulido. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with Council Member Pacheco absent. Council Member Pacheco arrived at approximately at 7:14 p.m. during the presentations portion of the meeting. 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 2/22/2024 11:05 AM A. Council Member Perez led the Pledge of Allegiance. 5. MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes.  The public can view public meetings on the City’s YouTube page (www.youtube.com/cityofhialeahgov ).  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the 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 2/22/2024 11:05 AM A. Mr. Pete Garcia of Florida International University and a university student address the City Council regarding Consent Item Z. (MAYOR BOVO) REPORT: Mr. Pete Garcia spoke. REPORT: Emily Perez, 307 East 33 Street, Florida International University student, addressed the Council. REPORT: Council Member Pacheco arrived at 7:14 during the presentations portion of the meeting. 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: Two (2) members of the public present in the Council Chambers expressed interest in speaking during the Comments and Questions of the meeting. 1. Ferny Coipel, 3760 East 6th Avenue, spoke regarding the City of Hialeah rules and procedures Resolution No. 2024-025. Mr. Coipel provided back up documentation to the Council which is on file with the Office of the City Clerk. 2. Liz Espinosa, 41 East 60th Street, spoke in opposition to item on today’s agenda PZ1. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. Postponed Items: Item PZ 10 has been postponed until March 12, 2024, per the applicant’s request. B. Add-On Items: Consent Item AA has been added to today’s agenda. 9. BOARD APPOINTMENTS 2/22/2024 11:05 AM 9A. RESOLUTION: Proposed resolution appointing Mike Hidalgo to the Historic Preservation Board of the City of Hialeah for a three (3)-year term beginning on February 14, 2024, ending on February 13, 2027, and providing for an effective date. (MAYOR BOVO) APPROVED 7-0 RESOLUTION NO. 2024-028 REPORT: Motion to Approve Item 9A made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 7-0. 9B. RESOLUTION: Proposed resolution appointing Melinda De La Vega to the Historic Preservation Board of the City of Hialeah for a three (3)-year term beginning on February 14, 2024, ending on February 13, 2027, and providing for an effective date. (MAYOR BOVO) APPROVED 7-0 RESOLUTION NO. 2024-029 REPORT: Motion to Approve Item 9B made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 7-0. 9C. RESOLUTION: Proposed resolution appointing Jonathan Martinez to the Historic Preservation Board of the City of Hialeah for a three (3)-year term beginning on February 14, 2024 ending on February 13, 2027, and providing for an effective date. (MAYOR BOVO) APPROVED 7-0 RESOLUTION NO. 2024-030 REPORT: Motion to Approve Item 9C made by Council Member Rodriguez, and seconded by Council Member Perez. Motion passes 7-0. 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. 2/22/2024 11:05 AM REPORT: Council Vice President Garcia-Roves requested separate discussion on Consent Item Y. Council Member Pacheco also requested separate discussion on this item. REPORT: Council Member Pacheco requested separate discussion on Consent Items D and P. Jose Azze (member of the public), 788 Southeast Park Drive, Hialeah, Florida, also requested separate discussion on Consent Item P. REPORT: Council Member Calvo requested separate discussion on Consent Item L. REPORT: Motion to Approve the Consent Agenda, except Items D, L, P, and Y made by Council Member Rodriguez, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. A. Request permission to approve the minutes of the City Council Meeting held on January 23, 2024 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 7-0 B. Request from St. John the Apostle Catholic Church, located at 475 East 4th Street, Hialeah, Florida, to host a carnival on church grounds, including rides, games, food trailers, giveaways and flea market on Thursday, February 29, 2024 from 6:00 p.m. to 10:00 p.m., Friday, March 1, 2024 from 6:00 p.m. to 11:00 p.m., Saturday, March 2, 2024 from 2:00 p.m. to 11:00 p.m., and Sunday, March 3, 2024 from 12:00 p.m. to 10:00 p.m., with an expectancy of approximately 1,500 attendees, subject to requirements of the Police Department, the Fire Department and the Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 C. Request from Immaculate Conception Catholic Church, located at 125 West 45th Street, Hialeah, Florida 33012, to host an Annual Spring Carnival with entertainment from Friday, February 23, 2024 to Sunday, February 25, 2024, from 12:00 p.m. to 11:00 p.m., with alcohol being served from 5:00 p.m. to 11:00 p.m., with an expectancy of approximately 1,000 attendees, subject to requirements of the Police Department, the Fire Department and the Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 7-0 D. 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 with Placer Labs Inc. d/b/a Placer.AI Civic, for the purchase of software services; approving the expenditure in an amount not to exceed $37,000.00, and providing for an effective date. (COMMUNICATION AND SPECIAL EVENTS DEPARTMENT) 2/22/2024 11:05 AM APPROVED 7-0 RESOLUTION NO. 2024-031 REPORT: Mayor Bovo addressed Council Member Pacheco’s questions. REPORT: Motion to Approve Consent Item D made by Council Member Perez, and seconded by Council Vice President Garcia-Roves Motion passes 7-0. 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 issue a purchase order to A&Y Rapid Services, 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 $27,500.00; and providing for an effective date. (FIRE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-032 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 increase a purchase order issued to Rainbow Window Tinting, Inc. d/b/a Rainbow Emergency Equipment in the amount of $25,000.00 by $50,000.00 in a total amount not to exceed $75,000.00 for the purchase of repairs to federal signal emergency lights, products, and fire apparatuses, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-033 G. RESOLUTION: Proposed resolution re-allocating previously approved Community Development Block Grant (CDBG) funds from the citywide sidewalk repair project in the amount of $620,236.27 to the drainage improvement project in the amount of $1,628,535.35, for a total cumulative allocation amount of $2,248,771.42; authorizing the Mayor or his designee to execute any and all necessary documents in furtherance of the re-allocation of referenced funds; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-034 H. 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 a 2021 Chevrolet Tahoe Premier 4D SUV RWD; approving 2/22/2024 11:05 AM the expenditure in an amount not to exceed $55,450.00; and providing for an effective date. (BUILDING) APPROVED 7-0 RESOLUTION NO. 2024-035 I. RESOLUTION: Proposed resolution approving a piggyback on Contract # 01-158 by Region XIV Education Service Center, Abilene, Texas with MCCI, LLC. for the purchase of annual maintenance services for the City’s electronic filing system; 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 MCCI, LLC in the amount not to exceed $30,326.33, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”; and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-036 J. RESOLUTION: Proposed resolution approving a piggyback on Contract # 23-6692-03 Omnia Partners (Cobb County) for information technology product solutions and related services with Insight Public Sector, Inc. for the purchase of the City’s mobile VPN subscription renewal; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order in an amount not to exceed $48,347.80, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-037 K. RESOLUTION: Proposed resolution approving a piggyback on Contract # 23-6692-03 by Cobb County Georgia with Insight Public Sector, Inc. for the purchase of replacement Panasonic Toughbooks and accessories for the Fire 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 in the amount not to exceed $53,865.72, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-038 L. Request permission to increase Purchase Order No. 2024-847, issued to Akerman LLP, for legal services in relation to providing special counsel and specialized advice to the City for the proposed 2/22/2024 11:05 AM development of the new City of Hialeah Government Center in a public-private partnership (“P3”) with a selected developer, by an additional amount of $50,000.00, for a total cumulative expense amount not to exceed $75,000.00. (LAW DEPARTMENT) APPROVED 7-0 REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Mayor Bovo spoke on the item. REPORT: Alexander Magrisso, Assistant City Attorney, spoke on the item. REPORT: Debora Storch, Planning and Zoning Official, spoke on the item. REPORT: Council Member Calvo requested to view the work product of all consultants related to the P3 project. REPORT: Motion to Approve Consent Item L made by Council Member Calvo, and seconded by Council Member Perez. Motion passes 7-0. On January 23, 2023 the item was postponed by the administration until February 13, 2024. M. 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 Lou’s Police Distributors, Inc., for the purchase of police related uniforms and accessories; approving the expenditure in an amount not to exceed $190,000.00 for fiscal year 2024, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-039 N. 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 Federal Eastern International, LLC., an authorized subcontractor/reseller in an amount not to exceed $26,994.00, for the purchase of three ballistic shields and in substantial conformity with the agreement between the State of Florida Department of Management Services with Point Blank Enterprises Inc., Contract No. 46151500-NASPO-21-ACS attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-040 2/22/2024 11:05 AM O. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Tallahassee and Alan Jay Automotive Management, Inc., Agreement No. 5179, attached hereto as Exhibit “A”, for the purchase of eleven (11) 2024 Chevy Tahoe (police rated) motor vehicles; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute all necessary or required purchasing documents in furtherance thereof, and ratify purchase order 2024-1340, attached hereto as “Exhibit B”, for the purchase of the referenced motor vehicles to be utilized by the City of Hialeah Police Department, in a total amount not to exceed $553,707.00 from the City’s Capital Outlay – Vehicle Account; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-041 P. RESOLUTION: Proposed resolution approving the renewal of the Use Agreement between the City of Hialeah and Florida National University (FNU) for use of City of Hialeah Goodlet Park, Bucky Dent Park, Walker Park, Milander Park, and Ernest R. Graham Park for practices and games of FNU’s athletic teams for a fee payable to the City of Hialeah in the amount of $100,000.00 per year in addition to staffing fees to be paid by FNU to the City where said fees are to be utilized to fund the Department of Parks and Recreation’s general operations; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute the Use Agreement attached hereto as “Exhibit 1” and all necessary documents in furtherance thereof; and providing for a term of two years and an option to extend for up to three consecutive one year terms upon approval of the City and the City Attorney of any addendums in furtherance thereof; and providing for an effective date. (PARKS AND RECREATION DEPARTMENT) APPROVED 6-0-1 with Council Vice President Garcia-Roves away during roll call. RESOLUTION NO. 2024-042 REPORT: Mayor Bovo spoke on the item. REPORT: William Sanchez, Director of the Hialeah Parks and Recreation Department, spoke on the item. REPORT: Steven Diaz, Hialeah Department of Parks and Recreation, spoke on the item. REPORT: Michael Festa, Deputy Director of the Hialeah Parks and Recreation Department, spoke on the item. REPORT: Jose Azze (member of the public), 788 Southeast Park Drive, Hialeah, Florida, spoke on the item. REPORT: Motion to Approve Item P made by Council Member Perez, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Vice President Garcia- Roves was away during roll call. Council Vice President Garcia-Roves recorded her vote as “Yes” after the Motion to Approve passed. 2/22/2024 11:05 AM Q. RESOLUTION: Proposed resolution adopting the attached Federal Procurement Policy as “Exhibit A”, further authorizing the Mayor or his designee to take further administrative actions to implement this resolution as provided herein; and providing for an effective date. (PURCHASING DIVISION) APPROVED 7-0 RESOLUTION NO. 2024-043 R. RESOLUTION: Proposed resolution accepting the response for Request for Qualifications (“RFQ”) for State and Federal Technical Assistance Consultant; 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/or execute a Professional Services Agreement (“PSA”) to Civitas, LLC (“Consultant”) to be used on a project per project basis for professional services to the City of Hialeah (“City”) as a State and Federal Technical Assistance Consultant, and in substantial conformity with the attached RFQ 2023-24-8325-00-002, attached hereto and made a part hereof as “Exhibit A” and the consultant’s response thereto, and authorizing the Mayor or his designee to sign any related and customary purchasing and/or contractual documents to effectuate this resolution, and providing for an effective date. (PURCHASING DIVISION) APPROVED 7-0 RESOLUTION NO. 2024-044 S. RESOLUTION: Proposed resolution accepting the RFQ Response for Request for Qualifications (RFQ) 2021-2022-9500-00-001 for engineering and architectural services including City funded and ARPA (American Rescue Plan Act) funded projects; 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 Corradino Group in an amount not to exceed $299,250.00, for the design services of Roadway and Drainage Improvements between SE 4th and 6th Avenue from Hialeah Drive to SE 4th Street, and in substantial conformity with the attached RFQ 2021-2022-9500-00-001, attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor of his designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2024-045 T. RESOLUTION: Proposed resolution accepting the response for Request for Qualifications (RFQ) 2021-2022-9500-00-001 for engineering and architectural services including City funded and ARPA (American Rescue Plan Act) funded projects; 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 Corradino Group in an amount not to exceed $266,160.00, for the design services of roadway and drainage improvements between SE 8th and 9th Avenue from SE 4th to 8th Street, 2/22/2024 11:05 AM and in substantial conformity with the attached RFQ 2021-2022-9500-00-001, attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2024-046 U. RESOLUTION: Proposed resolution accepting the response for Request for Qualifications (RFQ) 2021-2022-9500-00-001 for engineering and architectural services including City funded and ARPA (American Rescue Plan Act) funded projects; 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 SRS Engineering, Inc. in an amount not to exceed $185,746.98, for the design services of Roadway and Drainage Improvements between SE 8th and 9th Avenue from Hialeah Drive to SE 4th Street, and in substantial conformity with the attached RFQ 2021-2022-9500-00-001, attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor or his designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2024-047 V. RESOLUTION: Proposed resolution approving a piggyback contract between the City of Hialeah and Alan Jay Automotive Management, Inc. for the purchase of a 2024 Chevrolet Silverado 1500 Crew Cab Work Truck; 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 Alan Jay Automotive Management, Inc. in the amount not to exceed $48,808.00, for the purchase of a 2024 Chevrolet Silverado 1500 Crew Cab Work Truck and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for and effective date. (STREETS) APPROVED 7-0 RESOLUTION NO. 2024-048 W. RESOLUTION: Proposed resolution accepting the response for Request for Proposal (RFP) 2023-2024-3210-00-014 for Roadway & Drainage Improvements along East 13th Street from 6th to 10th Avenue; 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 JVA Engineering Contractor, Inc. in an amount not to exceed $2,642,460.53, for the construction of roadway and drainage improvements along East 13th Street from 6th to 10th Avenue, and in substantial conformity with the attached RFP 2023-24-3210-00-014, attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor or his designee issue purchase orders and to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. 2/22/2024 11:05 AM (STREETS) APPROVED 7-0 RESOLUTION NO. 2024-049 X. RESOLUTION: Proposed resolution accepting and executing the proposed Off System Construction and Maintenance Agreement between the City and the Florida Department of Transportation; attached hereto as “Exhibit A”, for right of way improvements within the City’s right of way; and providing an effective date. (STREETS) APPROVED 7-0. RESOLUTION NO. 2024-050 Y. RESOLUTION: Proposed resolution opposing Miami-Dade County Mayor, Daniella Levine Cava’s 2.5 billion dollar “305 Future Ready” bond referendum “Tax Hike” which would raise property tax rates on the citizens of Hialeah, for “infrastructure” & “climate change”, effectively putting a tax increase on the November 2024 ballot; providing an effective date and providing for transmittal to certain County officials. (SPONSORS: COUNCIL VICE PRESIDENT GARCIA-ROVES) (CO-SPONSORS: MAYOR BOVO, COUNCIL PRESIDENT TUNDIDOR, COUNCIL MEMBER CALVO, COUNCIL MEMBER PACHECO, COUNCIL MEMBER PEREZ, COUNCIL MEMBER RODRIGUEZ AND COUNCIL MEMBER ZOGBY) APPROVED 7-0 RESOLUTION NO. 2024-051 REPORT: Mayor Bovo spoke on them item. REPORT: Rene Garcia, Miami-Dade County Commissioner, spoke in favor of the approval of the proposed resolution. REPORT: Rafael Suarez-Rives, City Attorney, spoke on them item. REPORT: Motion to Approve Item Y made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 7-0. Z. RESOLUTION: Proposed resolution donating $50,000.00 to the City of Hialeah Scholarship Fund, Inc., for the purpose of gifting the donation by the City of Hialeah Scholarship Fund, Inc., to the Florida International University First Generation Scholarship Program to provide scholarships to City of Hialeah students who are first generation college students; and providing for an effective date. (FINANCE MANAGEMENT) 2/22/2024 11:05 AM APPROVED 7-0 RESOLUTION NO. 2024-052 AA. ADD-ON ITEM RESOLUTION: Proposed resolution re-naming East 51st Street from 6th Avenue to East 7th Avenue as “Veloz Youth and Family Services”, with the cost of signage to be paid by the City; and providing for an effective date. (OFFICE OF THE CITY CLERK) APPROVED 7-0 RESOLUTION NO. 2024-053 REPORT: Odalis Gonzalez, 465 East 50th Street, addressed the Council after the item was approved. The Hialeah Historic Preservation Board recommended approval of this item on January 22, 2024. 11. ADMINISTRATIVE ITEMS 11A. ORDINANCE: Second reading and public hearing 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) ITEM IS POSTPONED UNTIL FUTHER NOTICE. On January 23, 2024, the City Council approved the item on first reading. 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. 11B. ORDINANCE: First reading of proposed ordinance granting a perpetual easement to the Florida Department of Transportation within the City’s right of way for the purpose of constructing, installing, and maintaining a traffic signal mast arm, foundation, pull boxes and signalization hardware; and providing for an effective date. (STREETS) 2/22/2024 11:05 AM APPROVED 7-0 REPORT: Motion to Approve Administrative Item 11B made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for February 27, 2024. 12. UNFINISHED BUSINESS REPORT: Mayor Bovo spoke regarding the proposed Food Truck legislation and invited the Council Members to the workshop on March 4, 2024 at 10:00 in the Council Chambers. REPORT: Commander Llanes, City of Hialeah Police Department, spoke on the incident that occurred on January 22, 2024 involving a gas station on Palm Avenue and 9th Street. REPORT: Council Member Calvo spoke regarding an Immigration Task Force. Council Member Calvo requested and the Mayor consented, for the Law Department to draft a resolution regarding how the open border policy is affecting the City of Hialeah. REPORT: Ismare Monreal, Chief of Staff – Office of the Mayor, spoke regarding the city’s efforts on collecting data on how the open border policy is affecting Hialeah. 13. NEW BUSINESS None reported. 14. LANDUSE REPORT: All were duly sworn in by Brigette Leal, Deputy City Clerk. REPORT: Item FD1 was considered out of the order of the agenda and heard before 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 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. APPROVED 6-0-1 with Council Member Perez away during roll call. 2/22/2024 11:05 AM REPORT: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, registered lobbyist, addressed the City Council ORDINANCE NO. 2024-015 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 LU 1 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Perez away during roll call, Council Member Perez recorded her vote as “Yes” after the motion to approve had passed. On January 23, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 13, 2024. 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. REPORT: Council Member Tundidor called a recess at this time. 15. ZONING PLANNING AND ZONING REPORT: Item PZ8 was considered out of the order of the agenda and heard before PZ1, per Council President Tundidor’s direction, with no opposition from the rest of the City Council. PZ 1. 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 2/22/2024 11:05 AM 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. ITEM IS TABLED UNTIL MARCH 12, 2024 Motion to Remove Item PZ 1 from Table made by Council Member Rodriguez, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council. REPORT: Council President Tundidor opened the item for public participation and the following persons present in the Council Chambers and participating via Zoom expressed interest in speaking: 1. REPORT: Sandy Palacios, 10 East 60th Street, spoke in opposition to the approval of the item. 2. REPORT: Zackary Palacios, 10 East 60th Street, spoke in opposition to the approval of the item and provided additional backup, which is on file with the Office of the City Clerk. 3. REPORT: Annay Monteagudo, 41 East 49th Street, spoke in opposition to the approval of the item. 4. REPORT: Diana Dominguez, 50 East 60th Street, spoke in opposition to the approval of the item via zoom. 5. REPORT: Yoni Gonzalez, 11 East 60th Street, spoke in opposition to the approval of the item via Zoom. REPORT: Carlos Cardoso, 14125 Northwest 80th Avenue, Architect, addressed the City Council on behalf of the applicant. REPORT: Council President Tundidor called a two-minute recess at 10:08 p.m. REPORT: Council President Tundidor called the meeting to order at 10:10 p.m. REPORT: Debora Storch, the City’s Planning and Zoning Official, addressed the City Council. Motion to Table Item PZ 1 made by Council Member Rodriguez, and seconded by Council Member Perez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for March 12, 2024. On January 23, 2024, the City Council tabled the item until February 13, 2024. Second reading and public hearing is scheduled for February 13, 2024. 2/22/2024 11:05 AM Registered Lobbyist: Carlos Cardoso (architect), 14125 NW 80th Avenue, Miami Lakes, Florida 33016, on behalf of Carlos Pizarro. 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 Children’s 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 2. ORDINANCE: Second reading and public hearing 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, and §98-2056; 1050 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 7-0 REPORT: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, registered lobbyist, addressed the City Council. ORDINANCE NO. 2024-016 REPORT: Council President Tundidor opened the item for public participation and one member of the public present in the Council Chambers expressed interest in speaking: 1. REPORT: Jose Azze, 788 Southeast Park Drive, spoke on the item. REPORT: Debora Storch, Planning and Zoning Official, addressed the Council. Motion to Approve Item PZ 2 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. 2/22/2024 11:05 AM On January 23, 2024, the City Council approved the item on first reading. 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 3. 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 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 7-0 ORDINANCE NO. 2024-017 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 3 made by Council Member Perez, and seconded by Council Member Zogby. Motion passes 7-0. On January 23, 2024, the City Council approved the item on first reading. 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. 2/22/2024 11:05 AM 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 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 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 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 6-1 with Council President Tundidor voting “No”. ORDINANCE NO. 2024-018 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 4 made by Council Member Perez, and seconded by Council Vice President Garcia-Roves. Motion passes 6-1 with Council President Tundidor voting “No”. On January 23, 2024, the City Council approved the item on first reading. 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. 2/22/2024 11:05 AM 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 5. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a Vocational Nail Technical School with 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 7-0 ORDINANCE NO. 2024-019 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 5 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 7-0. On January 23, 2024, the City Council approved the item on first reading. 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. PZ 6. ORDINANCE: First reading of proposed ordinance rezoning property from R-2 (One-and Two- Residential District) to B1 (Highly Restricted Retail District); granting a Variance Permit to allow 100% of the units with an area less than 850 square feet, where 850 square feet is the minimum area required, and only 10% of the units may have an area of 600 square feet; allow 16 parking spaces, where 32 parking spaces are required; and a variance to waive the building mass requirements all in contrast to Hialeah Code of Ordinances §§ 98-1630.2, 98-2189(16)(a), and 98- 1630.3(c). Property located at 3670 East 4 Avenue, Hialeah, and legally described herein, 2/22/2024 11:05 AM zoned R-2 (One-and Two-Family District) within Area 2 of NBD Overlay 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 7-0 REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council Motion to Approve Item PZ 6 made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for February 27, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Aledrien Investments Corp. On January 24, 2024, the Planning and Zoning Board recommended approval with the condition that the applicant provide revised plans and a recorded Declaration of Restrictive Covenants relating to the incentives for affordable housing and other amenities prior to first reading. Planner’s Recommendation: Approval to rezone, variances, and waiver with conditions. Property Owner: Aledrien Investments Corp and Alexis Tejeda, 16301 Northwest 2nd Avenue, Suite 2, Miami, Florida 33169. PZ 7. ORDINANCE: First reading of proposed ordinance rezoning property from R-3 (Multiple- Family District) to R-3-5 (Multiple-Family District). Granting a Variance Permit to allow 44 additional units having a rear setback of 7.58 feet for the north buildings and 7.91 feet for the south buildings, where 20 feet are required; and to allow 127 parking spaces, where 333 parking spaces are required; in contrast to Hialeah Code of Ordinances §98-591 and §98-2189(19)(c); 1200, 1205, 1265, and 1280 West 25 Place including vacated portion of West 25 Place right of way, Hialeah, legally described herein, 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 7-0 REPORT: Hugo Arza, 701 Brickell Avenue, Suite 3300, Miami, Florida, registered lobbyist, addressed the City Council. Motion to Approve Item PZ 7 made by Council Member Perez, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for February 27, 2024. 2/22/2024 11:05 AM Registered Lobbyist: Alessandria San Roman, and Erica Adams, on behalf of Prestige Builders Construction Management, LLC. Registered Lobbyist: Hugo P. Arza, Esq., Alejandro J. Arias, Esq., and Miriam Soler Ramos, Esq., on behalf of Prestige Builders Construction Management, LLC. On January 24, 2024, the Planning and Zoning Board recommended approval with the following conditions: (1) Remove the four parking spaces that are illegally backing up to West 12th Street to exit, (2) Provide revised site plans reflecting addition of 44 units and proposed improvements including landscaping plans and a color palette, (3) Provide a queuing analysis if the gate is kept on plans, (4) Finalize the vacation process with Miami- Dade County and have the parcels reflecting the vacated area, and (5) Record the proffered declaration of restriction with the Miami-Dade County Clerk of Courts. Planner’s Recommendation: Approval of the rezoning and variances with conditions. Property Owner: Caparros 2023 Dynasty Trust for Family Members, and Caparros 2011 Children’s Trust, 16400 Northwest 59th Avenue, Miami Lakes, Florida 33014. PZ 8. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow a front setback of 13.5 feet, where 20 feet are required; in contrast to Hialeah Code of Ordinances §98- 1553(d)(3)(i.); and to allow a setback of 1.16 feet along Southeast 9 Court, where 10 feet are required; in contrast to Hialeah Code of Ordinances §98-1553(d)(3) (iii). Property located at 955 Southeast 12 Street, Hialeah, legally described herein, zoned TOD (Transit-Oriented 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 Perez away during roll call. 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 PZ 8 made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Perez away during roll call. Council Member Perez recorded her vote as “Yes” after the Motion to Approve passed. REPORT: Second reading and public hearing is scheduled for February 27, 2024. Registered Lobbyist: Manny Reus – Architect, 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of Mitchel Sabina, Ms. Investments Services. On January 24, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval with conditions. Property Owner: Mitchel Sabina, 7767 Northwest 146th Street, Miami Lakes, Florida 33016. 2/22/2024 11:05 AM PZ 9. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-5 grade Elementary School with a maximum capacity of 54 students in conjunction with a 77 children daycare; and a Variance Permit to allow 53 parking spaces, where 62 parking spaces are required, in contrast to Hialeah Code of Ordinances §98-2189(9). Property located at 1301 West 68 Street, Hialeah, zoned C-1 (Restricted 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 7-0 Motion to Approve Item PZ 9 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 February 27, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of TGSV LLC. On January 24, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval for the CUP and approval for the parking variance. Property Owner: TGSV LLC, Roy Rodriguez, and Maria Noya, 1301 West 68th Street, Hialeah, Florida 33014. PZ 10. Recommendation of Denial by the Planning and Zoning Board: Recommendation of denial by the Planning and Zoning Board for the issuance of a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) Overlay; variance permit to allow residential use only, where mixed used is required; allow 40% of the units with an area less than 850 square feet, where 850 square feet is the minimum required, and only 10% of the units can have an area of 600 square feet; allow 337 parking spaces, where 459 parking spaces are required; allow front setback of 16.83 feet, where 10 feet built-to-line are required; allow street side setback of 131.25 feet, where 10 feet built-to-line are required respectively; allow surface parking facing front and street side setbacks, where parking is not allowed in front and street side setbacks, and variance to waive the building mass and building frontage development standards for property located at 11205 West 40th Avenue, Hialeah, zoned BDH (Business Development District). ITEM IS POSTPONED UNTIL MARCH 12, 2023, PER THE APPLICANT’S REQUEST. Registered Lobbyist: Frank De La Paz, 11000 Southwest 104th Street, Suite #2804, Miami, Florida 33116, on behalf of Michael Osman. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Prima Situ, LLC. On January 24, 2024, the Planning and Zoning Board recommended denial. 2/22/2024 11:05 AM Planner’s Recommendation: Deny the Special Use Permit (SUP) and deny all variances because of the incompatibility with the existing uses, the inconsistency with the Comprehensive Plan and zoning regulations, and the negative impact to future residents who will be surrounded by industrial uses operating 24/7. Property Owner: From Above Investments, LLC, William Zambrano, and Barbara Zambrano, 8627 Glencairn Terrace, Miami Lakes, Florida 33016. 16. FINAL DECISIONS FD 1. RESOLUTION: Proposed resolution approving the final decision of the Planning and Zoning Board, Decision No. 2024-01 to allow east side setback of 5 feet, where 7 feet are required on the property located at 720 East 13th Street, Hialeah, zoned R-1 (One-Family District); and providing for an effective date. APPROVED 6-0-1 with Council Member Perez away during roll call. RESOLUTION NO. 2024-054 Motion to Approve FD 1 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member Perez away during roll call. Council Member Perez recorded here vote as “Yes” after the motion to approve had passed. On January 10, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owners: Angel Gomez, 720 East 13th Street, Hialeah, Florida. On January 10, 2024, the Planning and Zoning Board recommended approval. 17. CITY COUNCIL DISCUSSION None reported. 18. ADJOURNMENT REPORT: Council President Tundidor adjourned the meeting at 11:06 p.m. 2/22/2024 11:05 AM NEXT CITY COUNCIL MEETING: Tuesday, February 27, 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). 2/22/2024 11:05 AM

Agenda

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 Agenda February 13, 2024 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 Pacheco. 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. 2/9/2024 4:18 PM • 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. 6. PRESENTATIONS A. Mr. Pete Garcia of Florida International University and a university student address the City Council regarding Consent Item Z. (MAYOR BOVO) 7. COMMENTS AND QUESTIONS 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA 2/9/2024 4:18 PM 9. BOARD APPOINTMENTS 9A. RESOLUTION: Proposed resolution appointing Mike Hidalgo to the Historic Preservation Board of the City of Hialeah for a three (3)-year term beginning on February 14, 2024, ending on February 13, 2027, and providing for an effective date. (MAYOR BOVO) 9B. RESOLUTION: Proposed resolution appointing Melinda De La Vega to the Historic Preservation Board of the City of Hialeah for a three (3)-year term beginning on February 14, 2024, ending on February 13, 2027, and providing for an effective date. (MAYOR BOVO) 9C. RESOLUTION: Proposed resolution appointing Jonathan Martinez to the historic Preservation Board of the City of Hialeah for a three (3)-year term beginning on February 14, 2024 ending on February 13, 2027, and providing for an effective date. (MAYOR BOVO) 10. CONSENT AGENDA All items listed under Consent Agenda 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 January 23, 2024 at 7:00 p.m. (OFFICE OF THE CITY CLERK) B. Request from St. John the Apostle Catholic Church, located at 475 East 4th Street, Hialeah, Florida, to host a carnival on church grounds, including rides, games, food trailers, giveaways and flea market on Thursday, February 29, 2024 from 6:00 p.m. to 10:00 p.m., Friday, March 1, 2024 from 6:00 p.m. to 11:00 p.m., Saturday, March 2, 2024 from 2:00 p.m. to 11:00 p.m., and Sunday, March 3, 2024 from 12:00 p.m. to 10:00 p.m., with an expectancy of approximately 1,500 attendees, subject to requirements of the Police Department, the Fire Department and the Risk Management Department. (OFFICE OF THE CITY CLERK) C. Request from Immaculate Conception Catholic Church, located at 125 West 45th Street, Hialeah, Florida 33012, to host an Annual Spring Carnival with entertainment from Friday, February 23, 2024 to Sunday, February 25, 2024, from 12:00 p.m. to 11:00 p.m., with alcohol being served from 5:00 p.m. to 11:00 p.m., with an expectancy of approximately 1,000 attendees, subject to requirements of the Police Department, the Fire Department and the Risk Management 2/9/2024 4:18 PM Department. (OFFICE OF THE CITY CLERK) D. 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 with Placer Labs Inc. d/b/a Placer.AI Civic, for the purchase of software services; approving the expenditure in an amount not to exceed $37,000.00, and providing for an effective date. (COMMUNICATION AND SPECIAL EVENTS 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 issue a purchase order to A&Y Rapid Services, 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 $27,500.00; and providing for an effective date. (FIRE DEPARTMENT) F. RESOLUTION: Proposed resolution waiving competitive bidding; and increase a purchase order issued to Rainbow Window Tinting, Inc. d/b/a rainbow emergency equipment in the amount of $25,000.00 by $50,000.00 in a total amount not to exceed $75,000.00 for the purchase of repairs to federal signal emergency lights, products, and fire apparatuses, and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) G. RESOLUTION: Proposed resolution re-allocating previously approved Community Development Block Grant (CDBG) funds from the citywide sidewalk repair project in the amount of $620,236.27 to the drainage improvement project in the amount of $1,628,535.35, for a total cumulative allocation amount of $2,248,771.42; authorizing the Mayor or his designee to execute any and all necessary documents in furtherance of the re-allocation of referenced funds; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) H. 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 2021 Chevrolet Tahoe Premier 4D SUV RWD, approving the expenditure in an amount not to exceed $55,450.00; and providing for an effective date. (BUILDING) I. RESOLUTION: Proposed resolution approving a piggyback on Contract # 01-158 by Region XIV Education Service Center, Abilene, Texas with MCCI, LLC. for the purchase of annual maintenance services for the City’s electronic filing system; 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 MCCI, LLC in the amount not to exceed $30,326.33, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”; and providing for an effective date. 2/9/2024 4:18 PM (INFORMATION TECHNOLOGY DEPARTMENT) J. RESOLUTION: Proposed resolution approving a piggyback on Contract # 23-6692-03 Omnia Partners (Cobb County) for information technology product solutions and related services with Insight Public Sector, Inc. for the purchase of the City’s mobile VPN subscription renewal; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order in an amount not to exceed $48,347.80, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) K. RESOLUTION: Proposed resolution approving a piggyback on Contract # 23-6692-03 by Cobb County Georgia with Insight Public Sector, Inc. for the purchase of replacement Panasonic Toughbooks and accessories for the Fire 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 in the amount not to exceed $53,865.72, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) L. Request permission to increase Purchase Order No. 2024-847, issued to Akerman LLP, for legal services in relation to providing special counsel and 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 $50,000.00, for a total cumulative expense amount not to exceed $75,000.00. (LAW DEPARTMENT) On January 23, 2023 the item was postponed by the administration until February 13, 2024. M. 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 Lou’s Police Distributors, Inc., for the purchase of police related uniforms and accessories; approving the expenditure in an amount not to exceed $190,000.00 for fiscal year 2024, and providing for an effective date. (POLICE DEPARTMENT) N. 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 Federal Eastern International, LLC., an authorized subcontractor/reseller in an amount not to exceed $26,994.00, for the purchase of three ballistic shields and in substantial conformity with the agreement between the State of Florida Department of Management Services with Point Blank Enterprises Inc., Contract No. 46151500-NASPO-21-ACS attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (POLICE DEPARTMENT) 2/9/2024 4:18 PM O. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Tallahassee and Alan Jay Automotive Management, Inc., Agreement No. 5179, attached hereto as Exhibit “A”, for the purchase of eleven (11) 2024 Chevy Tahoe (police rated) motor vehicles; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute all necessary or required purchasing documents in furtherance thereof, and ratify purchase order 2024-1340, attached hereto as “Exhibit B”, for the purchase of the referenced motor vehicles to be utilized by the City of Hialeah Police Department, in a total amount not to exceed $553,707.00 from the City’s capital outlay – vehicle account; and providing for an effective date. (POLICE DEPARTMENT) P. RESOLUTION: Proposed resolution approving the renewal of the Use Agreement between the City of Hialeah and Florida National University (FNU) for use of City of Hialeah Goodlet Park, Bucky Dent Park, Walker Park, Milander Park, and Ernest R. Graham Park for practices and games of FNU’s athletic teams for a fee payable to the City of Hialeah in the amount of $100,000.00 per year in addition to staffing fees to be paid by FNU to the City where said fees are to be utilized to fund the Department of Parks and Recreation’s general operations; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute the Use Agreement attached hereto as “Exhibit 1” and all necessary documents in furtherance thereof; and providing for a term of two years and an option to extend for up to three consecutive one year terms upon approval of the City and the City Attorney of any addendums in furtherance thereof; and providing for an effective date. (PARKS AND RECREATION DEPARTMENT) Q. RESOLUTION: Proposed resolution adopting the attached Federal Procurement Policy as “Exhibit A”, further authorizing the Mayor or his designee to take further administrative actions to implement this resolution as provided herein; and providing for an effective date. (PURCHASING DIVISION) R. RESOLUTION: Proposed resolution accepting the response for Request for Qualifications (“RFQ”) for State and Federal technical assistance consultant; 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/or execute a Professional Services Agreement (“PSA”) to Civitas, LLC (“Consultant”) to be used on a project per project basis for professional services to the City of Hialeah (“City”) as a State and Federal Technical Assistance Consultant, and in substantial conformity with the attached RFQ 2023-24-8325-00-002, attached hereto and made a part hereof as “Exhibit A” and the consultant’s response thereto, and authorizing the Mayor or his designee to sign any related and customary purchasing and/or contractual documents to effectuate this resolution, and providing for an effective date. (PURCHASING DIVISION) S. RESOLUTION: Proposed resolution accepting the RFQ Response for Request for Qualifications (RFQ) 2021-2022-9500-00-001 for engineering and architectural services including City funded and ARPA (American Rescue Plan Act) funded projects; 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 Corradino Group in an amount not to exceed $299,250.00, for the design services of Roadway and Drainage Improvements between SE 4th and 6th Avenue from Hialeah Drive to SE 4th St, and in substantial conformity with the attached RFQ 2021-2022-9500-00-001, attached 2/9/2024 4:18 PM hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor of his designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (STREETS) T. RESOLUTION: Proposed resolution accepting the RFQ response for Request for Qualifications (RFQ) 2021-2022-9500-00-001 for engineering and architectural services including City funded and ARPA (American Rescue Plan Act) funded projects; 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 Corradino Group in an amount not to exceed $266,160.00, for the design services of roadway and drainage improvements between SE 8th and 9th Avenue from SE 4th to 8th St, and in substantial conformity with the attached RFQ 2021-2022-9500-00-001, attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (STREETS) U. RESOLUTION: Proposed resolution accepting the RFQ response for Request for Qualifications (RFQ) 2021-2022-9500-00-001 for engineering and architectural services including City funded and ARPA (American Rescue Plan Act) funded projects; 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 SRS Engineering, Inc. in an amount not to exceed $185,746.98, for the design services of Roadway and Drainage Improvements between SE 8th and 9th Avenue from Hialeah Drive to SE 4th St, and in substantial conformity with the attached RFQ 2021-2022-9500-00-001, attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor or his designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (STREETS) V. RESOLUTION: Proposed resolution approving a piggyback contract between the City of Hialeah and Alan Jay Automotive Management, Inc. for the purchase of a 2024 Chevrolet Silverado 1500 Crew Cab Work Truck; 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 Alan Jay Automotive Management, Inc. in the amount not to exceed $48,808.00, for the purchase of a 2024 Chevrolet Silverado 1500 Crew Cab Work Truck and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for and effective date. (STREETS) W. RESOLUTION: Proposed resolution accepting the RFP response for Request for Proposal (RFP) 2023-2024-3210-00-014 for Roadway & Drainage Improvements along East 13th Street from 6th to 10th Ave; 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 JVA Engineering Contractor, Inc. in an amount not to exceed $2,642,460.53, for the construction of Roadway & Drainage Improvements along East 13th Street from 6th to 10th Ave, and in substantial conformity with the attached RFP 2023-24- 3210-00-014, attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor or his designee issue purchase orders and to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. 2/9/2024 4:18 PM (STREETS) X. RESOLUTION: Proposed resolution accepting and executing the proposed Off System Construction and Maintenance Agreement between the City and the Florida Department of Transportation; attached hereto as “Exhibit A”, for right of way improvements within the City’s right of way; and providing an effective date. (STREETS) Y. RESOLUTION: Proposed resolution opposing Miami-Dade County Mayor, Daniella Levine Cava’s 2.5 billion dollar “305 Future Ready” bond referendum “Tax Hike” which would raise property tax rates on the citizens of Hialeah, for “infrastructure” & “climate change”, effectively putting a tax increase on the November 2024 Ballot; providing an effective date and providing for transmittal to certain County officials. (SPONSOR: COUNCIL VICE PRESIDENT GARCIA-ROVES) (CO-SPONSOR: MAYOR BOVO) Z. RESOLUTION: Proposed resolution donating $50,000.00 to the City of Hialeah Scholarship Fund, Inc., for the purpose of gifting the donation by the City of Hialeah Scholarship Fund, Inc., to the Florida International University First Generation Scholarship Program to provide scholarships to City of Hialeah students who are first generation college students; and providing for an effective date. (FINANCE MANAGEMENT) 11. ADMINISTRATIVE ITEMS 11A. ORDINANCE: Second reading and public hearing 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) ITEM IS POSTPONED UNTIL FUTHER NOTICE. On January 23, 2024, the City Council approved the item on first reading. 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. 11 B. ORDINANCE: First reading of proposed ordinance granting a perpetual easement to the Florida 2/9/2024 4:18 PM Department of Transportation within the City’s right of way for the purpose of constructing, installing, and maintaining a traffic signal mast arm, foundation, pull boxes and signalization hardware; and providing for an effective date. (STREETS) 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 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. On January 23, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 13, 2024. 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. 15. ZONING PLANNING AND ZONING 2/9/2024 4:18 PM PZ 1. 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. On January 23, 2024, the City Council tabled the item until February 13, 2024. Second reading and public hearing is scheduled for February 13, 2024. Registered Lobbyist: Carlos Cardoso (architect), 14125 NW 80th Avenue, Miami Lakes, Florida 33016, on behalf of Carlos Pizarro. 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 Children’s 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 2. ORDINANCE: Second reading and public hearing 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, and §98-2056; 1050 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. On January 23, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 13, 2024. 2/9/2024 4:18 PM 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 3. 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 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. On January 23, 2024, the City Council approved the item on first reading. 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 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 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 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 2/9/2024 4:18 PM 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. On January 23, 2024, the City Council approved the item on first reading. 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 5. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a Vocational Nail Technical School with 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. On January 23, 2024, the City Council approved the item on first reading. 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. 2/9/2024 4:18 PM PZ 6. ORDINANCE: First reading of proposed ordinance rezoning property from R-2 (One-and Two-Residential District) to B1 (Highly Restricted Retail District); granting a Variance Permit to allow 100% of the units with an area less than 850 square feet, where 850 square feet is the minimum area required, and only 10% of the units may have an area of 600 square feet; allow 16 parking spaces, where 32 parking spaces are required; and a variance to waive the building mass requirements all in contrast to Hialeah Code of Ordinances §§ 98-1630.2, 98-2189(16)(a), and 98-1630.3(c). Property located at 3670 East 4 Avenue, Hialeah, and legally described herein, zoned R-2 (One-and Two-Family District) within Area 2 of NBD Overlay 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 Aledrien Investments Corp. On January 24, 2024, the Planning and Zoning Board recommended approval with the condition that the applicant provide revised plans and a recorded Declaration of Restrictive Covenants relating to the incentives for affordable housing and other amenities prior to first reading. Planner’s Recommendation: Approval to rezone, variances, and waiver with conditions. Property Owner: Aledrien Investments Corp and Alexis Tejeda, 16301 Northwest 2nd Avenue, Suite 2, Miami, Florida 33169. PZ 7. ORDINANCE: First reading of proposed ordinance rezoning property from R-3 (Multiple- Family District) to R-3-5 (Multiple-Family District). Granting a Variance Permit to allow 44 additional units having a rear setback of 7.58 feet for the north buildings and 7.91 feet for the south buildings, where 20 feet are required; and to allow 127 parking spaces, where 333 parking spaces are required; in contrast to Hialeah Code of Ordinances §98-591 and §98-2189(19)(c); 1200, 1205, 1265, and 1280 West 25 Place including vacated portion of West 25 Place right of way, Hialeah, legally described herein, 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. Registered Lobbyist: Alessandria San Roman, and Erica Adams, on behalf of Prestige Builders Construction Management, LLC. Registered Lobbyist: Hugo P. Arza, Esq., Alejandro J. Arias, Esq., and Miriam Soler Ramos, Esq., on behalf of Prestige Builders Construction Management, LLC. On January 24, 2024, the Planning and Zoning Board recommended approval with the following conditions: (1) Remove the four parking spaces that are illegally backing up to West 12th Street to exit, (2) Provide revised site plans reflecting addition of 44 units and proposed improvements including landscaping plans and a color palette, (3) Provide a queuing analysis if the gate is kept on plans, (4) Finalize the vacation process with Miami- Dade County and have the parcels reflecting the vacated area, and (5) Record the proffered declaration of restriction with the Miami-Dade County Clerk of Courts. 2/9/2024 4:18 PM Planner’s Recommendation: Approval of the rezoning and variances with conditions. Property Owner: Caparros 2023 Dynasty Trust for Family Members, and Caparros 2011 Children’s Trust, 16400 Northwest 59th Avenue, Miami Lakes, Florida 33014. PZ 8. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow a front setback of 13.5 feet, where 20 feet are required; in contrast to Hialeah Code of Ordinances §98- 1553(d)(3)(i.); and to allow a setback of 1.16 feet along Southeast 9 Court, where 10 feet are required; in contrast to Hialeah Code of Ordinances §98-1553(d)(3) (iii). Property located at 955 Southeast 12 Street, Hialeah, legally described herein, zoned TOD (Transit-Oriented 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: Manny Reus – Architect, 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of Mitchel Sabina, Ms. Investments Services. On January 24, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval with conditions. Property Owner: Mitchel Sabina, 7767 Northwest 146th Street, Miami Lakes, Florida 33016. PZ 9. ORDINANCE: First reading of proposed granting a Conditional Use Permit (CP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-5 grade Elementary School with a maximum capacity of 54 students in conjunction with a 77 children daycare; and a Variance Permit to allow 53 parking spaces, where 62 parking spaces are required, in contrast to Hialeah Code of Ordinances §98-2189(9). Property located at 1301 West 68 Street, Hialeah, zoned C-1 (Restricted 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. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of TGSV LLC. On January 24, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval for the CUP and approval for the parking variance. Property Owner: TGSV LLC, Roy Rodriguez, and Maria Noya, 1301 West 68th Street, Hialeah, Florida 33014. PZ 10. Recommendation of Denial by the Planning and Zoning Board: Recommendation of denial by the Planning and Zoning Board for the issuance of a Special Use Permit (SUP) to allow the expansion of the Neighborhood Business District (NBD) Overlay; variance permit to allow 2/9/2024 4:18 PM residential use only, where mixed used is required; allow 40% of the units with an area less than 850 square feet, where 850 square feet is the minimum required, and only 10% of the units can have an area of 600 square feet; allow 337 parking spaces, where 459 parking spaces are required; allow front setback of 16.83 feet, where 10 feet built-to-line are required; allow street side setback of 131.25 feet, where 10 feet built-to-line are required respectively; allow surface parking facing front and street side setbacks, where parking is not allowed in front and street side setbacks, and variance to waive the building mass and building frontage development standards for property located at 11205 West 40th Avenue, Hialeah, zoned BDH (Business Development District). Registered Lobbyist: Frank De La Paz, 11000 Southwest 104th Street, Suite #2804, Miami, Florida 33116, on behalf of Michael Osman. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Prima Situ, LLC. On January 24, 2024, the Planning and Zoning Board recommended denial. Planner’s Recommendation: Deny the Special Use Permit (SUP) and deny all variances because of the incompatibility with the existing uses, the inconsistency with the Comprehensive Plan and zoning regulations, and the negative impact to future residents who will be surrounded by industrial uses operating 24/7. Property Owner: From Above Investments, LLC, William Zambrano, and Barbara Zambrano, 8627 Glencairn Terrace, Miami Lakes, Florida 33016. 16. FINAL DECISIONS FD 1. RESOLUTION: Proposed resolution approving the final decision of the Planning and Zoning Board, Decision No. 2024-01 to allow east side setback of 5 feet, where 7 feet are required on the property located at 720 East 13th Street, Hialeah, zoned R-1 (One-Family District); and providing for an effective date. On January 10, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owners: Angel Gomez, 720 East 13th Street, Hialeah, Florida. 17. ADJOURNMENT 2/9/2024 4:18 PM NEXT CITY COUNCIL MEETING: Tuesday, February 27, 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). 2/9/2024 4:18 PM

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