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 March 12, 2024 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:08 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with following Council Members absent: 1. Council Member Calvo 2. Council Member Pacheco B. REPORT: Council Member Perez arrived at approximately at 7:09 p.m. during the comments and questions portion of the meeting. C. 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 3/20/2024 11:05 AM  A. Council Member Zogby 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 3/20/2024 11:05 AM  A. REPORT: Mayor Bovo presented a proclamation to Hialeah City FC Soccer Team for their championship achievement. B. REPORT: Osmany Pelaez, President of the Hialeah City FC Soccer Team, thanked the Mayor and City Council for the recognition. 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: No member of the public present in the Council Chambers expressed interest in speaking during the Comments and Questions of the meeting. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA None reported. 9. BOARD APPOINTMENTS A. RESOLUTION: Proposed resolution re-appointing Robert Williams III to the Board of Trustees of the Employees General Retirement System as the trustee elected from the membership by a majority vote by the current trustees of the Employees General Retirement System, for a two (2)- year term beginning on March 13, 2024 and ending on March 12, 2026. (RETIREMENT DIVISION) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-074 Motion to Approve Item 9A made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 5-0-2 with Council Members Calvo and Pacheco absent. B. RESOLUTION: Proposed resolution re-appointing David Fernandez to the Board of Trustees of the Employees General Retirement System as the management appointment, for a two (2)-year term beginning on March 13, 2024 and ending on March 12, 2026. 3/20/2024 11:05 AM  (RETIREMENT DIVISION) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-075 Motion to Approve Item 9B made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 5-0-2 with Council Members Calvo and Pacheco absent. 10. CONSENT AGENDA All items listed u n d e r C o n s e n t A g e n d a with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. REPORT: Motion to Approve the Consent Agenda made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 5-0-2 with Council Members Calvo and Pacheco absent. A. Request permission to approve the minutes of the City Council Meeting held on February 27, 2024 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. B. RESOLUTION: Proposed resolution accessing a piggyback contract previously approved with the City of Tallahassee; 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 $292,096.00; for the purchase of eight (8) vehicles; and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”; and providing for an effective date. (BUILDING DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-076 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 increase a purchase order to D’Elite Floors of Miami, Inc., for the renovations of the ADA compliant bathroom conversions at the JFK Library; approving the expenditure in an amount not to exceed $35,747.00; and providing for an effective date. 3/20/2024 11:05 AM  (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-077 D. RESOLUTION: Proposed resolution approving a piggyback contract by Sourcewell and Zoll Medical Corporation attached hereto as “Exhibit A”, 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 issue a purchase order to Zoll Medical Corporation in the amount not to exceed $50,000.00, for the purchase of supplies and accessories for their X Series and X Series Advanced Defibrillators to be utilized by the City of Hialeah Fire Department; and providing for an effective date. (FIRE DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-078 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, for the purchase of web-based services (for personnel scheduling) with UKG Kronos Systems, LLC, approving the expenditure in an amount not to exceed $29,696.41, and providing for an effective date. (FIRE DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-079 F. RESOLUTION: Proposed resolution approving a piggyback contract by the County of Volusia, Florida and QuadMed, Inc. attached hereto as “Exhibit A”, 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 issue a purchase order to QuadMed, Inc., in the amount not to exceed $40,000.00, for the purchase of pharmaceuticals and emergency medical supplies to be utilized by the City of Hialeah Fire Department and in substantial conformity with the agreements attached hereto and made a part hereof as “Exhibit A and B”, and providing for an effective date. (FIRE DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-080 G. RESOLUTION: Proposed resolution approving a piggyback contract by the County of Volusia and Bound Tree Medical, LLC attached hereto as Exhibit “A”; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute all necessary 3/20/2024 11:05 AM  or required purchasing documents in furtherance thereof, and issue a purchase order to Bound Tree Medical, LLC, in the amount not to exceed $40,000.00, for the purchase of pharmaceuticals, vaccines and medical supplies to be utilized by the City of Hialeah Fire Department and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A and B” and providing for an effective date. (FIRE DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-081 H. RESOLUTION: Proposed resolution approving a piggyback on Contract #2018011-01 National IPA Technology Solutions with CDW Government, LLC., to purchase the renewal of licenses of current multifactor authentication citywide; 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 the amount not to exceed $52,194.56, 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 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-082 I. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue and execute a purchase order to Rechtien International Trucks, Inc., for the repair and maintenance of fleet and fire apparatus; approving the expenditure in an amount not to exceed $75,000.00; and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-083 J. 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 the contract amount with VENDOR NAME IS CONFIDENTIAL AND EXEMPT FROM DISCLOSURE PURSUANT TO SECTION 119.0725 OF THE FLORIDA STATUTES to cover an increase in bandwidth and additional security for the remainder of the contract through January 30, 2025, in an amount not to exceed $9,500.00 for a new total of $69,500.00; and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-084 3/20/2024 11:05 AM  K. 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 chlorine services for City pools citywide, approving the expenditure in an amount not to exceed $118,800.00 to Sentry Industries, Inc.; and providing for an effective date. (PARKS AND RECREATION DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-085 L. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to SSE & Associates Inc. d/b/a Southeastern Surfaces & Equipment in the amount not to exceed $249,550.00, for the purchase and installation of athletic gymnasium flooring and in substantial conformity with the agreement between Sourcewell and Gelflor Inc., #031022-GER, attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (PARKS AND RECREATION DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-086 M. RESOLUTION: Proposed resolution approving a piggyback contract by the School Board of Sarasota County, Florida with SSE & Associates Inc. d/b/a Southeastern Surfaces & Equipment, Bid No. #23-0103 for the purchase and installation of retractable bleachers at Bucky Dent Park; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Southeastern Surfaces & Equipment in the amount not to exceed $148,000.00, for the purchase and installation of retractable bleachers and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor or his designee to enter into all necessary documents in furtherance thereof upon the approval of the City Attorney, including the supplemental agreement attached hereto and made a part hereof as “Exhibit B;” and providing for an effective date. (PARKS AND RECREATION DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-087 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 and execute a purchase order to Southeastern Surfaces & Equipment for the purchase and installation of dance room flooring at Goodlet Park; approving the expenditure in an amount not to exceed $51,750.00; and providing for an effective date. (PARKS AND RECREATION DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. 3/20/2024 11:05 AM  RESOLUTION NO. 2024-088 O. RESOLUTION: Proposed resolution approving a piggyback contract using the BuyBoard Purchasing Cooperative Agreement through the National Purchasing Cooperative with Amusement Restoration Companies, LLC d.b.a. the Slide Experts, Inc., for the restoration of recreational water slides at Bucky Dent Aquatic Center; 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 Amusement Restoration Companies, LLC d.b.a. the Slide Experts, Inc. in the amount not to exceed $85,129.00, for the restoration of recreational water slides and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (PARKS AND RECREATION DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-089 P. RESOLUTION: Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to enter into an agreement with the Miami-Dade State Attorney’s Office for the Eleventh Judicial Circuit of Florida, attached herein and made a part hereof as Exhibit “A,” in order to reimburse the referenced government agency for costs associated with prosecuting criminal violations of the Hialeah Code (State misdemeanors) and Miami-Dade County Code criminal violations not ancillary to State prosecution, to recover the costs of attorney services not to exceed $50.00 hourly, for a term commencing on October 1, 2023 and providing for annual automatic renewal at the commencement of the City of Hialeah’s fiscal year, subject to annual re-authorization in the budget or termination by either party; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-090 Q. RESOLUTION: Proposed resolution to establish a special revenue project titled “FY23-24 State Assistance for Fentanyl Eradication (S.A.F.E) in Florida Program”; accepting and appropriating a grant award from the Florida Department of Law Enforcement (“FDLE”), in the amount of $250,000.00, with no matching funds required, to conduct investigations designed to combat illegal fentanyl activities within the City of Hialeah; authorizing the Mayor or the Police Chief, as the Mayor’s designee, to execute a Grant Award Agreement and a Voluntary Cooperation Mutual Aid Agreement between the Hialeah Police Department and FDLE, and any other customary and necessary document(s) in furtherance of this resolution, all in forms acceptable to the City Attorney to implement the acceptance and administration of the funds and compliance with requirements of the award and Mutual Aid Agreement; and authorizing a supplemental appropriation pursuant to Hialeah, Fla. Charter Section 3.08(e)(1) in the aforementioned amount to the police grant fund budget; providing for an effective date. (POLICE DEPARTMENT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. 3/20/2024 11:05 AM  RESOLUTION NO. 2024-091 R. RESOLUTION: Proposed resolution approving award of Invitation for Bid (IFB) 2022-23- 0000-36-054 to Global Trading Inc. – Group “A”, The Player’s Connection – Group “B”, Jonah’s Enterprises Inc. – Group “C”, and Seaside Companies, LLC – Group “D” for the purchase of employee uniforms for an initial term of three (3) years with an option to renew for an additional two – one (1) year terms; allocating of funds from various sources of the user departments, subject to the availability of funds and budgetary approval at the time of need; and in substantial conformity with the IFB attached hereto 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. (PURCHASING) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-092 S. RESOLUTION: Proposed resolution approving award of Invitation for Bid (IFB) 2022-23- 0000-36-056 to the Shyft Group Upfit Services, Inc., d/b/a Strobes-R-Us – Group “A”, Rainbow Window Tinting Inc., d/b/a Rainbow Emergency Equipment – Group “B”, and Dana Safety Supply, Inc. – Group “C”; for the purchase and installation of City vehicle equipment for an initial term of three-years with an option to renew for additional two – one year terms; allocating of funds from various sources of the user department, subject to the availability of funds and budgetary approval at the time of need; 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. (PURCHASING) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-093 T. RESOLUTION: Proposed resolution accepting the RFQ response for Request for Qualifications (RFQ) 2021-2022-9500-00-001 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 the Corradino Group, Inc., in an amount not to exceed $389,220.00, for the professional engineering services of the citywide comprehensive vulnerability assessment, and done in substantial conformity with the 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. (PURCHASING) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-094 3/20/2024 11:05 AM  U. RESOLUTION: Proposed resolution increasing the purchase order authorized by Resolution No. 2023-017 by $2,300.00 to ETA PHI Systems, Inc; attached hereto in substantial form, and made a part of the record as Exhibit “A”; authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the amendment to the Sales Agreement, attached hereto in substantial form, and made a part of the record as Exhibit “B”, respectively. (TRANSIT) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. RESOLUTION NO. 2024-095 V. Request permission to approve the minutes of the Immigration Workshop held on February 26, 2024 at 1:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. 11. ADMINISTRATIVE ITEMS None reported. 12. UNFINISHED BUSINESS None reported. 13. NEW BUSINESS None reported. 14. LANDUSE 15. ZONING 3/20/2024 11:05 AM  PLANNING AND ZONING REPORT: All were duly sworn in by Marbelys Fatjo, City Clerk. REPORT: Marbelys Fatjo, City Clerk, announced that Item PZ 10 requires a super majority vote. To override the recommendation of denial of the Planning and Zoning Board a unanimous vote is required of all five (5) Council Members are present. 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) and (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. ITEM IS TABLED UNTIL THE APPLICANT SUBMITS A TRAFFIC STUDY. 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: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. Motion to Table Item PZ 1 until the applicant provides a traffic study made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 5-0-2 with Council Members Calvo and Pacheco. On February 13, 2024, the City Council tabled the item until March 12, 2024. 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. 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. 3/20/2024 11:05 AM  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-3-5 (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 5-0-2 with Council Members Calvo and Pacheco absent. ORDINANCE NO. 2024-024 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: Hugo P. Arza, 701 Brickell Ave, registered lobbyist, addressed the City Council. Motion to Approve Item PZ 2 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Members Calvo and Pacheco absent. On February 27, 2024, the applicant tabled the item until the City Council Meeting of March 12, 2024. Second reading and public hearing is scheduled for March 12, 2024. 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. 3/20/2024 11:05 AM  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 3. ORDINANCE: First reading of proposed ordinance rezoning property from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District); granting a Variance Permit to allow the constructions of a new duplex on a substandard lot having a lot width of 60 feet, where 75 feet are required; and allow a street side setback of 8.9 feet, where 15 feet is the minimum required, in contrast to Hialeah Code of Ordinances §98-546; property located at 800 East 19 Street Hialeah, zoned R-1 (One-Family District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. REPORT: Manny Reus (architect), 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. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. Motion to Approve Item PZ 3 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-0-2 with Council Members Calvo and Pacheco absent. REPORT: Second reading and public hearing is scheduled for March 26, 2024. Registered Lobbyist: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of Kiwi Development, LLC. On February 28, 2024, the Planning and Zoning Board recommended approval with the following conditions be met: (1) comply with City’s landscaping requirements of a minimum of six (6) trees and a minimum of 30% of green space; (2) obtain clearance from utility companies for the rear concrete wall. Planner’s Recommendation: Approval with conditions. 3/20/2024 11:05 AM  Property Owner: Roy Cisneros and Amelia Cisneros, 4745 Northwest 167th Street, Miami Gardens, Florida 33014. PZ 4. ORDINANCE: First reading of proposed ordinance rezoning property from R-1 (One-Family District) to R-2 (One- and Two-Family Residential District); granting a Variance Permit to allow the construction of a new duplex on a substandard lot having a total area of 6,750 square feet, where 7,500 square feet are required; allow a lot width of 50 feet, where 75 feet are required; and allow a street side setback of 8 feet, where 15 feet is the minimum required; in contrast to Hialeah Code of Ordinances §98-544 and §98-546; property located at 1480 West 1 Avenue, Hialeah, zoned R-1 (One-Family District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. REPORT: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, registered lobbyist, addressed the City Council, and provided additional back up titled “Proposed Duplex for Hellen Property, LLC. At 1480 West 1st Avenue, Hialeah, Florida, which is on file with the Office of the City Clerk. Motion to Approve Item PZ 4 made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 5-0-2 with Council Members Calvo and Pacheco absent. REPORT: Second reading and public hearing is scheduled for March 26, 2024. Registered Lobbyist: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of Hellen Properties, LLC – Yiset Carreño. On February 28, 2024, the Planning and Zoning Board recommended approval with conditions. Planner’s Recommendation: Approval of the rezoning and variance. Property Owner: Yiset Carreño, 1057 West 50th Place, Hialeah, Florida 33012. PZ 5. ORDINANCE: First reading of proposed ordinance rezoning property from R-1 (One-Family District) to R-3 (Multiple-Family District); granting a Conditional Use Permit to allow a K-12 grade church school with a maximum capacity of 205 students in conjunction with a 100 children daycare and a 9,240 square feet church; and granting a Variance Permit to allow 39 parking spaces, where 279 parking spaces are required (231 for the church and 48 for the school); in contrast to Hialeah Code of Ordinances §98-2189(9); property located at 5559 Palm Avenue, Hialeah, zoned R-1 (One-Family District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. 3/20/2024 11:05 AM  REPORT: Octavio Santurio (architect), 6262 Southwest 40th Street, registered lobbyist, addressed the City Council. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. Motion to Approve Item PZ 5 with the condition that two staff members monitor drop-off and pick-up made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Members Calvo and Pacheco absent. REPORT: Second reading and public hearing is scheduled for March 26, 2024. Registered Lobbyist: Octavio A. Santurio (architect), 6262 Southwest 40th Street, Suite 3E, Miami, Florida 33155, on behalf of Pastor Danilo Quevedo. On February 28, 2024, the Planning and Zoning Board recommended approval with the following conditions being met within three months from second reading of the proposed ordinance: (1) provide a Declaration of Restrictions for the Conditional Use Permit (CUP) including a proper vehicular traffic flow; (2) obtain a Change of Use approval within 180 days from approval; (3) obtain temporary banner permits; (4) provide a landscaping plan to improve and maintain the East 55th Street swale area; and (5) remove the temporary trailers to run daycare and/or school classes. Planner’s Recommendation: Approval with conditions. Property Owner: North Hialeah United Methodist Church c/o Pastor Danilo Quevedo, 5559 Palm Avenue, Hialeah, Florida 33012. PZ 6. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow 48 parking spaces, where 93 parking spaces are required for 6 businesses including commercial uses and automotive uses including 8 bays out of the 25 bays included in the exiting warehouse/industrial property; in contrast to Hialeah Code of Ordinances §98-2189(15). Property located at 6500, 6520, and 6540 West 20 Avenue, Hialeah, zoned M-1 (Industrial District) and legally described herein; repealing all ordinances or parts or ordinances in conflict herewith; providing penalties for violation hereof; providing for severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. Motion to Approve Item PZ 6 made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 5-0-2 with Council Members Calvo and Pacheco absent. REPORT: Second reading and public hearing is scheduled for March 26, 2024. Registered Lobbyist: Maritza Haro Salgado and Melissa Tapanes Llahues, 200 South Biscayne Boulevard, Suite 300, Miami, Florida 33131 on behalf of Show Stopper Studio, LLC. On February 28, 2024, the Planning and Zoning Board recommended approval with the condition that a Declaration of Restrictions be recorded before second reading of the proposed ordinance. 3/20/2024 11:05 AM  Planner’s Recommendation: Approval of the parking variance with the condition of recording a declaration of restrictions. Property Owner: Hector Marrero, 7901 West 25th Avenue, Bay 3, Hialeah, Florida 33016. PZ 7. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-1 grade elementary school with a maximum capacity of 30 students in conjunction with a 62 children daycare; property located at 5480 Palm Avenue, Hialeah, zoned C-2 (Liberal Retail Commercial District) and 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 4-1-2 with Council President Tundidor voting “No” and Council Members Calvo and Pacheco absent. REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council and presented a PowerPoint, which is on file with the Office of the City Clerk. REPORT: Christen Soto, school owner, addressed the City Council. Motion to Approve Item PZ 7 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 4-1-2 with Council President Tundidor voting “No” and Council Members Calvo and Pacheco absent. REPORT: Second reading and public hearing is scheduled for March 26, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Caterpillar Academy Daycare, Inc. On February 28, 2024, the Planning and Zoning Board recommended approval with the following conditions: (1) provide a Declaration of Restrictions for the Conditional Use Permit (CUP) including 25 maximum number of students total in grades K and 1st and (2) obtain a Change of Use approval within 90 days of Conditional Use Permit approval. Planner’s Recommendation: Denial of the parking variance and approval of the CUP with the condition that a Declaration of Restrictions for the CUP including 25 maximum number of students in grades K and 1st be provided, and obtain Change of Use approval within 90 days of CUP approval. Property Owner: Hollyday Investment and Gladys Gil, 8340 Northwest 185th Street, Hialeah, Florida 33015. PZ 8. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances §98-181 to allow a K-1 grade school with a maximum capacity of 14 students in conjunction with a 38 children daycare; property located at 4556 West 12 Ave, Hialeah, zoned C-1 (Restricted Retail Commercial District) and legally described 3/20/2024 11:05 AM  herein. Repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council and presented a PowerPoint, which is on file with the Office of the City Clerk. Motion to Approve Item PZ 8 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Members Calvo and Pacheco absent. REPORT: Second reading and public hearing is scheduled for March 26, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of The Learning Corner Academy, Inc. On February 28, 2024, the Planning and Zoning Board recommended approval with the following conditions: (1) Provide a Declaration of Restriction for the Conditional Use Permit (CUP) including parking designated areas. (2) Obtain a Change of Use approval within 90 days of Conditional Use Permit approval within 180 days from approval. Planner’s Recommendation: Approval with conditions. Property Owner: The Learning Corner Academy, Inc., 4556 West 12th Avenue, Hialeah, Florida. PZ 9. ORDINANCE: First reading of proposed ordinance approving a Final Plat of West Buena Vista 2; accepting all dedication of avenues, streets, roads or other public ways, together with all existing and future planting of trees, shrubbery and fire hydrants; property located at 1251 S.E. 8 Court, Hialeah, Florida, and legally described herein; repealing all ordinances in conflict herewith; providing penalties for violation hereof; providing severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Members Calvo and Pacheco absent. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. Motion to Approve Item PZ 9 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-0-2 with Council Members Calvo and Pacheco absent. REPORT: Second reading and public hearing is scheduled for March 26, 2024. On February 28, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. 3/20/2024 11:05 AM  Property Owner: Pacific Development Corp., 1395 Southeast 8th Court, Hialeah, Florida 33010. 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). REPORT: Council President Tundidor opened the item for public participation and no member of the public present in the Council Chambers expressed interest in speaking. REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council and presented a PowerPoint, which is on file with the Office of the City Clerk. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. Motion to Table Indefinitely Item PZ 10 made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 5-0-2 with Council Member Calvo and Pacheco absent. On February 27, 2024, the item was postponed until the City Council Meeting of March 12, 2024. 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. 3/20/2024 11:05 AM  16. FINAL DECISIONS 17. ADJOURNMENT REPORT: Council President Tundidor adjourned the meeting at 8:01 p.m. REPORT: Salvador Blanco, 3845 West 10 Avenue, addressed the Council after the meeting was adjourned. REPORT: David Cordina, 11780 Southwest 18th Street, addressed the Council regarding the Cartels Magazine after the meeting was adjourned. NEXT CITY COUNCIL MEETING: Tuesday, March 26, 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 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). 3/20/2024 11:05 AM