City Council

Esteban Bovo, Jr. Council Members Mayor Bryan Calvo Angelica Pacheco Jesus Tundidor Monica Perez President Luis Rodriguez Carl Zogby Jacqueline Garcia-Roves Vice President City Council Meeting Minutes February 27, 2024 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:17 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with Council Member Perez and Council Member Zogby absent. B. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 3. Rafael Suarez-Rivas, City Attorney, was present. 3. INVOCATION A. Pastor Mark Rodriguez of LOVE + UNLTD Church, led the invocation. 4. PLEDGE OF ALLEGIANCE A. Council Member Rodriguez led the Pledge of Allegiance. 3/5/2024 5:02 PM  5. MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes.  The public can view public meetings on the City’s YouTube page (www.youtube.com/cityofhialeahgov ).  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard. REPORT: Marbelys Fatjo, City Clerk, announced the meeting guidelines. 6. PRESENTATIONS A. The Hialeah Parks and Recreation Department provides an Intercity League update and presentation of the Intercity Trophy by Hialeah’s victorious basketball championship team. 3/5/2024 5:02 PM  (PARKS AND RECREATION DEPARTMENT) REPORT: Steven Diaz, City of Hialeah Department of Parks and Recreation, presented a PowerPoint presentation which is on file with the Office of the City Clerk. The presentation is for both Items 6A and 6B. REPORT: Gian Bargaza, City of Hialeah Department of Parks and Recreation, presented. B. The Hialeah Parks and Recreation Department provides a recap on the Inaugural City of Hialeah Miami Heat Jr NBA League. (PARKS AND RECREATION DEPARTMENT) REPORT: Steven Diaz, City of Hialeah Department of Parks and Recreation, presented a PowerPoint presentation which is on file with the Office of the City Clerk. The presentation is for both Items 6A and 6B. REPORT: Gian Bargaza, City of Hialeah Department of Parks and Recreation, presented. REPORT: Mayor Bovo acknowledged the staff of the City of Hialeah’s Parks and Recreation Department for their dedication, as well as to the parents and the kids participating in City programs. C. Mayor Bovo recognizes LOVE + UNLTD Church, offering services in Hialeah, for their fifth anniversary. (MAYOR BOVO) REPORT: Mayor Bovo recognized Pastor Mark Rodriguez from LOVE + UNLTD Church. REPORT: Pastor Mark Rodriguez, LOVE + UNLTD Church, recognized Mayor Bovo and the City of Hialeah with a plaque. 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: One (1) member of the public present in the Council Chambers expressed interest in speaking during the Comments and Questions of the meeting. 1. Milly Herrera, 4341 East 8th Lane, spoke regarding neighborhood problems, including parked cars in front of shopping area on East 41st Street and East 43rd Street 3/5/2024 5:02 PM  and 8th Court. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. The backup documentation to Consent Items L and M have been updated to correlate to the correct resolution. 9. BOARD APPOINTMENTS 9A. RESOLUTION: Proposed resolution re-appointing Carlos San Jose as the Mayor’s representative to the Board of Trustees of the Employees’ General Retirement System for a two (2)-year term beginning on January 1, 2024, and ending on December 31, 2026, and providing for an effective date. (MAYOR) APPROVED 5-2 with Council Members Perez and Rodriguez absent. RESOLUTION NO. 2024-055 REPORT: Motion to Approve Item 9A made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 5-2 with Council Members Perez and Zogby absent. 10. CONSENT AGENDA All items listed u n d e r C o n s e n t A g e n d a with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. REPORT: Council Member Calvo requested separate discussion on Consent Item H and I. REPORT: Motion to Approve the Consent Agenda, except Items H and I made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 5-2 with Council Members Perez and Zogby absent. A. Request permission to approve the minutes of the City Council Meeting held on February 13, 2024 at 7:00 p.m. (OFFICE OF THE CITY CLERK) 3/5/2024 5:02 PM  APPROVED 5-2 with Council Members Perez and Zogby absent. B. RESOLUTION: Proposed resolution to utilize grant monies awarded to the City of Hialeah Education and Community Services Division, as a participating agency, by the Nita M. Lowey Grant for the Young Leaders with Character (YLC) Afterschool and Summer Camp Program in the total amount of $9,865.00 and the Children’s Trust Grant for the Creative Learning and Play (CL&P), in the total amount of $15,750.00, and approving the expenditure for the total amount of $25,615.00 for fiscal year 2024 to assist the Education and Community Services Division in purchasing curriculum for afterschool and summer programming through Mindworks Resources; and providing an exception to bid in the form of sole source; and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof; and providing for an effective date. (EDUCATION COMMUNITY SERVICES DIVISION) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-056 C. 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 enrichment classes for the Young Leaders with Character (YLC) Program for robocoding classes in the amount of $16,800.00 for afterschool programming and Zumba classes in the amount of $2,520.00 for summer programming, with a total expenditure of $27,980.00, to be paid out of fiscal year 2024 through the Nita M. Lowey 21st CCLC Grant funding that was awarded to the City of Hialeah Education and Community Services Division; and providing for an effective date. (EDUCATION COMMUNITY SERVICES DIVISION) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-057 D. RESOLUTION: Proposed resolution approving a piggyback on Contract # 23-6692-03 by Cobb County for technology product solutions and related services with Insight Public Sector attached hereto as Exhibit “A”, to purchase Brother RJ-4230BL ticket printers and accessories for the City of Hialeah Police Department; 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 to issue a purchase order in the amount not to exceed $41,815.50, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A and B”, and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-058 E. RESOLUTION: Proposed resolution approving the expenditure in an amount not to exceed $70,910.24, from the Capital Outlay – Equipment Fund for the purchase of six (6) APX 8500 3/5/2024 5:02 PM  Series P25 All Band MP Truck Mounted Motorola Radios and related accessories from Motorola Solutions, Inc., as more particularly set forth in the Quote #2499504 dated January 24, 2024, attached hereto and made a part hereof as Exhibit “A”, under the terms and conditions set forth in the Purchase Agreement; 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 Motorola Solutions, Inc, and in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit “B”; and providing for an effective date. (FIRE DEPARTMENT) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-059 F. RESOLUTION: Proposed resolution approving a piggyback contract by the Florida’s Sheriffs Association and Case Power Equipment of FL; 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 Case Power Equipment of FL in the amount not to exceed $127,990.00 for the purchase of a backhoe loader in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (DEPARTMENT OF PUBLIC WORKS) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-060 G. RESOLUTION: Proposed resolution authorizing the application for, and the acceptance of, a Federal Grant from the Universal Service Fund (USF) E-Rate Program for Schools and Libraries, for state fiscal year 2024-2025, for discounts on internet services, whereby the grant provides for a 90% discount to the City of Hialeah for internet services for the 6 library facilities or $41,850.00 against the annual contract sum of $46,500.00 payable to Comcast Business Communications, LLC for internet services for the library; authorizing the expenditure of $4,650.00 or 10% of the annual cost for internet services. (LIBRARY) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-061 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, for the purchase of after-hours emergency services, approving the expenditure in the amount not to exceed $35,000.00 to Sunshine Communications Services, and providing for an effective date. (DEPARTMENT OF PUBLIC WORKS) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-062 3/5/2024 5:02 PM  REPORT: Kevin Lynskey, Director of the City of Hialeah Public Works Department, spoke on the item. REPORT: Motion to Approve Consent Item H made by Council Member Calvo, and seconded by Council Vice President Garcia-Roves. Motion passes 5-2 with Council Members Perez and Zogby absent. I. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, for the purchase of utility billing materials approving the expenditure in an amount not to exceed $69,470.00 to R&C Management, Inc., providing for an effective date. (DEPARTMENT OF PUBLIC WORKS) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-063 REPORT: Kevin Lynskey, Director of the City of Hialeah Public Works Department, spoke on the item. REPORT: Motion to Approve Consent Item I made by Council Vice President Garcia- Roves, and seconded by Council Member Calvo. Motion passes 5-2 with Council Members Perez and Zogby absent. J. RESOLUTION: Proposed resolution accepting the invitation for bids response for Invitation for Bid (IFB) 2023-24-3230-00-008 for the Roof Replacement – Public Works Building; 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-1 Property Services Group, Inc. (the vendor) in an amount not to exceed $191,232.80 which includes a 10% contingency, for the roof replacement of the Public Works Building, and in substantial conformity with the attached IFB 2023-24-3230-00- 008, 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. (PURCHASING DIVISION) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-064 K. RESOLUTION: Proposed resolution accepting the Selection Committee recommendation for Request for Proposal (RFP) 2022-23-8500-36-039 for the City-Wide Janitorial Maintenance Services; 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 SFM Services, Inc. in an amount not to exceed $2,614,952.00, for the City-Wide Janitorial Maintenance Services, and in substantial conformity with the attached RFP 2022-23-8500-36-039, 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. 3/5/2024 5:02 PM  (PURCHASING DIVISION) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-065 L. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to purchase needed insurance coverages through the services of Arthur J. Gallagher Risk Management Services, LLC., a foreign LLC doing business in the State of Florida, to insure the City in the event of loss, for the time period commencing on March 10, 2024 and expiring on March 9, 2025; at appropriate renewal periods; and providing for an effective date. (RISK MANAGEMENT DEPARTMENT) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-066 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 authorize placement of Cyber Insurance Coverage through the services of Arthur J. Gallagher Risk Management Services, LLC, a foreign LLC., doing business in Florida; commencing on March 10, 2024 and expiring on March 9, 2025, at appropriate renewal periods; and providing for an effective date. (RISK MANAGEMENT DEPARTMENT) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-067 N. RESOLUTION: Proposed resolution accepting the RFQ response for Request for Qualifications (RFQ) 2021-22-9500-00-001 for Professional Engineering and Architectural Services including City funded and American Rescue Plan Act (ARPA) 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 AECOM Technical Services, Inc. in an amount not to exceed $307,967.54, for the design services of Roadway and Drainage Improvements between Southeast 6th and 8th Avenue from Southeast 4th to 8th Street, and in substantial conformity with the attached RFQ 2021-22-9500-00-001, 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 DEPARTMENT) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-068 O. RESOLUTION: Proposed resolution accepting the RFQ response for Request for Qualifications (RFQ) 2021-22-9500-00-001 for Professional Engineering and Architectural 3/5/2024 5:02 PM  Services including City funded and American Rescue Plan Act (ARPA) 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 AECOM Technical Services, Inc. in an amount not to exceed $288,623.59, for the design services of Roadway and Drainage Improvements between Southeast 4th and 6th Avenue from Okeechobee Road to Southeast 4th Street, and in substantial conformity with the attached RFQ 2021-22-9500-00-001, 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 DEPARTMENT) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-069 P. 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 waive competitive bidding and issue JVA Engineering Contractor, Inc. a purchase order for the construction of Roadway and Drainage Improvements between East 4th and 6th Avenue from 12th to 17th Street, approving the expenditure in an amount not to exceed $3,488,000.00, and providing for an effective date. (STREETS DEPARTMENT) APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-070 11. ADMINISTRATIVE ITEMS 11A. ORDINANCE: Second reading and public hearing 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 DEPARTMENT) APPROVED 5-2 with Council Members Perez and Zogby absent. ORDINANCE NO. 2024-020 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. REPORT: Motion to Approve Administrative Item 11A made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 5-2 with Council Members Perez and Zogby absent. 3/5/2024 5:02 PM  On February 13, 2024, the City Council approved the proposed ordinance on first reading. Second reading and public hearing is scheduled for February 27, 2024. 11B. RESOLUTION: Proposed resolution admonishing the 46th President of the United States Joseph R. Biden, Jr. and his administration for existing open-boarders and immigration policies, effectively having a negative impact on the City of Hialeah in Miami-Dade County, Florida; and providing for transmittal to the Executive Office of the President of the United States, the Secretary of State, the Office of the Vice President of the United States, the Secretary of the Department of Homeland Security, the President of the United States, Senate, the Speaker of the United States House of Representatives, State Representative Alex Rizo, Senator Bryan Avila and U.S Congressman Mario Diaz-Balart. (SPONSOR: COUNCIL MEMBER CALVO) (CO-SPONSORS: MAYOR BOVO AND COUNCIL PRESIDENT TUNDIDOR) APPROVED AS AMENDED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-071 REPORT: Mayor Bovo requested that the proposed resolution be amended to reflect on-going Immigration workshops that the City of Hialeah is hosting. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Motion to Approve Administrative Item 11B as Amended made by Council Member Rodriguez, and seconded by Council Vice President Garcia-Roves. Motion passes 5-2 with Council Members Perez and Zogby absent. 12. UNFINISHED BUSINESS None reported. 13. NEW BUSINESS REPORT: Mayor Bovo announced the upcoming 2050 Master Plan workshops for residents to give their input:  Tuesday, March 5, 2024, from 5:30 p.m. to 7:00 p.m. at Goodlet Park.  Wednesday, March 6, 2024, from 5:30 p.m. to 7:00 p.m. at Bucky Dent Park.  Thursday, March 7, 2024, from 5:30 p.m. to 7:00 p.m. at Babcock Park. REPORT: Mayor Bovo announced the food truck workshop to be held on Monday, March 4, 2024, from 10:00 a.m. to 3 p.m., in the City of Hialeah Council Chambers. 3/5/2024 5:02 PM  REPORT: Council Member Pacheco spoke regarding the increase in criminal activity at the mobile home park located on West 16th Avenue and 37th Street, as well as regarding the homeless living behind Lowe’s. REPORT: Council President Tundidor spoke regarding a Cease-and-Desist letter received by a Council Member Pacheco regarding Michael Wohl, a member of the City of Hialeah Affordable Housing Task Force. REPORT: Council Member Pacheco responded to Council Member Tundidor, and provided a flyer titled “Attention Hialeah”, which is on file with the Office of the City Clerk. 14. LANDUSE 15. ZONING PLANNING AND ZONING REPORT: All were duly sworn in by Marbelys Fatjo, City Clerk. PZ 1. ORDINANCE: Second reading and public hearing 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. APPROVED 4-3 with Council Member Calvo away during roll call, and Council Members Perez and Zogby absent. ORDINANCE NO. 2024-021 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ 1 made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 4-3 with Council Members Perez and Zogby absent, and Council Member Calvo was away during the roll call for a vote. Council Member Calvo recorded his vote as “Yes” after the Motion to Approve had passed. 3/5/2024 5:02 PM  On February 13, 2024, the City Council approved the item on first reading. 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 2. ORDINANCE: Second reading and public hearing 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. ITEM IS POSTPONED UNTIL MARCH 12, 2023, PER THE APPLICANT’S REQUEST. On February 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for February 27, 2024. 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. 3/5/2024 5:02 PM  Property Owner: Caparros 2023 Dynasty Trust for Family Members, and Caparros 2011 Children’s Trust, 16400 Northwest 59th Avenue, Miami Lakes, Florida 33014. PZ 3. ORDINANCE: Second reading and public hearing 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 4-3 with Council Member Calvo away during roll call, and Council Members Perez and Zogby absent. ORDINANCE NO. 2024-022 REPORT: Council President Tundidor opened the item for public participation and one person present in the Council Chambers expressed interest in speaking: 1. Jose Azze, 788 Southeast Park Drive, spoke on the item. Motion to Approve Item PZ 3 made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 4-3 with Council Members Perez and Zogby absent, and Council Member Calvo was away during the roll call for a vote. Council Member Calvo recorded his vote as “Yes” after the Motion to Approve had passed. On February 13, 2024, the City Council approved the item on first reading. 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. 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-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. 3/5/2024 5:02 PM  APPROVED 4-3 with Council Member Calvo away during roll call, and Council Members Perez and Zogby absent. ORDINANCE NO. 2024-023 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 Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 4-3 with Council Members Perez and Zogby absent, and Council Member Calvo was away during the roll call for a vote. Council Member Calvo recorded his vote as “Yes” after the Motion to Approve had passed. On February 13, 2024, the City Council approved the item on first reading. 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. 16. FINAL DECISIONS FD 1. RESOLUTION: Proposed resolution approving the final decision of the Planning and Zoning Board, Decision No. 2024-02 granting a rear setback of 15.61 feet, where 20 feet are required for a proposed addition. Property located at 218 East 50 Street, Hialeah, zoned R-1 (One-Family District); and providing for an effective date. APPROVED 4-3 with Council Member Calvo away during roll call, and Council Members Perez and Zogby absent. RESOLUTION NO. 2024-072 Motion to Approve Item FD 1 made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 4-3 with Council Members Perez and Zogby absent, and Council Member Calvo was away during the roll call for a vote. Council Member Calvo recorded his vote as “Yes” after the Motion to Approve had passed. 3/5/2024 5:02 PM  Planner’s Recommendation: Approval with the condition. Property Owners: Lazaro Catalan and Maria Catalan, 218 East 50th Street, Hialeah, Florida 33013. On January 24, 2024, the Planning and Zoning Board recommended approval with the condition that a minimum of 30% or 2,125 square feet of previous area (grass area) is created and maintained within the lot. FD 2. RESOLUTION: Proposed resolution approving the final decision of the Planning and Zoning Board, Decision No. 2024-03 granting a rear setback of 7 feet, where 20 feet are required for an existing metal roof to be legalized. Property located at 1495 West 75 Street, Hialeah, zoned R-1 (One-Family District); and providing for an effective date. APPROVED 5-2 with Council Members Perez and Zogby absent. RESOLUTION NO. 2024-073 Motion to Approve Item FD 2 made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 5-2 with Council Members Perez and Zogby absent. Registered Lobbyist: Elisa Garcia EZ Permits, 488 Palm Avenue, Hialeah, Florida 33010 on behalf of Ives Zamora. Planner’s Recommendation: Approval with the conditions. Property Owners: Ives Zamora and Maritza Blanco, 1495 West 75th Street, Hialeah. On January 24, 2024, the Planning and Zoning Board recommended approval with the condition that the applicant maintains the wood roof open on three sides and provides at least 30% of the lot as previous area (grass area). Building permits shall be obtained according to the plans submitted to the Planning and Zoning Department dated October 10, 2023. 17. ADJOURNMENT REPORT: Council President Tundidor adjourned the meeting at 8:41 p.m. NEXT CITY COUNCIL MEETING: Tuesday, March 12, 2024 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: April 23, 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 3/5/2024 5:02 PM 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). 3/5/2024 5:02 PM