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 26, 2024 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:03 p.m. 2. ROLL CALL A. REPORT: Elsa Jaramillo-Velez, Director of the Human Resources Department, called the roll with following Council Members absent: 1. Council Member Pacheco 2. Council Member Rodriguez B. REPORT: Council Member Pacheco arrived at approximately at 7:04 p.m. during the Pledge of Allegiance. C. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Elsa Jaramillo-Velez, Director of the Human Resources Department, was present. 3. Rafael Suarez-Rivas, City Attorney, was present. 3. INVOCATION A. Elsa Jaramillo Velez, Director of the Human Resources Department, led the invocation. 4. PLEDGE OF ALLEGIANCE 4/3/2024 1:30 PM  A. Council President Tundidor 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: Elsa Jaramillo-Velez, Director of the Human Resources Department, announced the meeting guidelines. 4/3/2024 1:30 PM  6. PRESENTATIONS A. The Mayor and City Council Members proclaim March 26, 2024 Pedro Roman Day in Hialeah, in honor of Pedro Roman, a leading figure in Cuban culture. (COUCIL MEMBER PACHECO) ITEM IS POSTPONED UNTIL APRIL 9, 2024. B. The City Council Meeting recesses for the illumination of City Hall in blue for Autism Awareness. (COUNCIL MEMBER PEREZ) ITEM IS POSTPONED UNTIL APRIL 9, 2024. 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: Four (4) members of the public present in the Council Chambers expressed interest in speaking during the Comments and Questions of the meeting. 1) Juan Santana (registered speaker), 5601 West 10 Avenue, spoke regarding a public records request and on Item 13A on the agenda. 2) Annabelle Urrea-Guzman (registered speaker), Liaison for Miami-Dade County Mayor Daniella Levine Cava, introduced herself to the Mayor and the City Council. 3) Michael Custovio (registered speaker), 1245 Obispo Avenue, spoke regarding the award of the Sports Leagues bid.  Michael Festa, Deputy Director for the Parks and Recreation Department, addressed Mr. Custovio. 4) Eric Johnson, Local 1102, spoke regarding the recent Fire ISO study. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA 4/3/2024 1:30 PM  A. REPORT: Postponed Items: Item PZ 3 has been postponed until April 23, 2024, per the applicant’s request. 9. BOARD APPOINTMENTS None. 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 Perez requested separate discussion on Consent Items D and K. REPORT: Motion to Approve the Consent Agenda, except items D and K, made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez absent. A. Request permission to approve the minutes of the City Council Meeting held on March 12, 2024 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Rodriguez absent. B. Request permission to approve the minutes of the second Immigration Workshop held on March 11, 2024 at 1:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Rodriguez absent. C. Request permission to approve the minutes of the Food Trucks Workshop held on March 4, 2024 at 10:00 a.m. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Rodriguez absent. D. RESOLUTION: Proposed resolution declaring the month of April “Autism Awareness Month” in the City of Hialeah and adopting the motto: “Light It Up Blue” to encourage businesses, organizations and residents to participate in the City campaign by illuminating our City blue 4/3/2024 1:30 PM  throughout the month of April; and providing for an effective date. (SPONSOR: COUNCIL MEMBER PEREZ) (CO-SPONSOR: MAYOR BOVO) REPORT: Motion to Approve Consent Item D made by Council Member Perez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez absent. APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-096 E. RESOLUTION: Proposed resolution approving a piggyback off Master Contract # AR2472 by the National Association of State Procurement Officials (NASPO) to issue Carahsoft Technology Corp. (authorized reseller of OpenGov), purchase orders for OpenGov’s Cartegraph Asset Management Software subscription, implementation, and support services for the Streets, Public Works, Parks & Recreation, and Construction & Maintenance Departments; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue purchase orders, as necessary, to Carahsoft Technology Corp., in the amount not to exceed $804,434.00 for a five (5)-year term, per the yearly breakdown disclosed in “Exhibit E”; and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”; and providing for an effective date. (STREETS DEPARTMENT) (DEPARTMENT OF PUBLIC WORKS) (PARKS AND RECREATION DEPARTMENT) (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-097 F. RESOLUTION: Proposed resolution providing for an exception to bid in the form of a sole source; 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 Tyler Technologies Inc. for permitting and land management software annual users, maintenance and support fees; approving the expenditure in an amount not to exceed $269,186.49 and providing for an effective date. (BUILDING) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-098 G. 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 payment as provided herein for the annual maintenance of the City’s website developed by Civic Plus, LLC. and the annual renewal for AudioEye ADA Scanning & Remediation System fee in an amount not to exceed $51,409.91 to cover January 31, 2024 through January 30, 2025, and providing for an effective date. 4/3/2024 1:30 PM  (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-099 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 to Tropic Oil Company, LLC. for the acquisition of oil and lubricants necessary for the maintenance and optimal functioning of all City vehicles; approving the expenditure in an amount not to exceed $100,000.00; and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-100 I. RESOLUTION: Proposed resolution approving award of Request for Proposal (RFP) 2022-23- 3130-24-069 to Sports & Social Clubs of S FLA, LLC d/b/a South Florida Club Sport – Group “A”, MiamiBasketball.net, Inc. – Group “B”, and Koala Kickball, LLC. d/b/a Koala Sports - Group “C” for the operation of adult recreational sports leagues and tournament services for an initial term of two (2) years with an option to renew for an additional two (2) one-year extensions for a possible total of (4) four years; 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 in substantial conformity with the RFP attached hereto 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 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-101 J. RESOLUTION: Proposed resolution approving a piggyback contract between the City of Hialeah and GPE Engineering and General Contractor Corp. for the construction of, and/or removal and replacement of, sidewalks, driveway approaches, curbs, and gutters throughout the City, along with all associated restoration work, on an “as-need” basis; 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 GPE Engineering and General Contractor Corp. in the amount not to exceed $450,000.00, the construction of, and/or removal and replacement of, sidewalks, curbs, and gutters throughout the City, along with all associated restoration work, on an “as-need” basis and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (STREETS DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. 4/3/2024 1:30 PM  RESOLUTION NO. 2024-102 K. RESOLUTION: Proposed resolution to fully and unconditionally support and the fulfillment of basic needs the people of Cuba in their demands for freedom; and urging the President of The United States, The United States House of Representatives and Senate, and The Secretary General of the United Nations to use all available diplomatic means to pressure the Cuban Dictatorship to abandon their oppressive regime and respect the fundamental rights of the Cuban people, to advocate for the restoration of basic necessities, including access to food, medicine, electricity, for the Cuban people, to raise awareness of the Cuban people’s struggle by engaging with international organizations, governments, and media outlets to ensure their voices are not silenced and their plight is recognized globally, to encourage and support efforts to restore internet access in Cuba, to enable the Cuban people to document and share their experiences and protests with the world; and hereby authorizing the Mayor or his designee to provide support to the Cuban citizens’ in providing basic necessities. (SPONSOR: COUNCIL MEMBER PEREZ) (CO-SPONSOR: MAYOR BOVO) REPORT: Mayor Bovo spoke on the item. REPORT: Motion to Approve Consent Item K made by Council Member Perez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez absent. APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-103 11. ADMINISTRATIVE ITEMS 11A. ORDINANCE: First reading of proposed ordinance amending Chapter 2 entitled “Administration,” Article II “Departments, Offices and Divisions,” Division 12 “Education and Community Services Department,” and Division 13 “Parks and Recreations Department” of the Code of Ordinances of the City of Hialeah, specifically by renaming the Department of Parks and Recreation to the Department of Parks and Community Engagement with three Divisions (1) Parks and Recreation, (2) Education and Community Services and (3) Special Events; providing for the duties of the Director; providing for a severability clause; repealing all ordinances in conflict herewith; providing for inclusion in the Code; and providing for an effective date. (ADMINISTRATION) APPROVED 6-0-1 with Council Member Rodriguez absent. REPORT: Motion to Approve Administrative Item 11A made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Rodriguez absent. 4/3/2024 1:30 PM  REPORT: Second reading and public hearing is scheduled for April 9, 2024. 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. ITEM FOR DISCUSSION: Amending the official time of City Council Meetings from 7:00 p.m. to 5:00 p.m. effective July 1, 2024, pursuant to Section 3.01 of the City’s Charter, which provides that “the city council shall hold regular meetings at least twice monthly in each calendar year, at times and places as the city council may prescribe by ordinance.” (SPONSOR: COUNCIL MEMBER PEREZ) REPORT: Mayor Bovo spoke on them item. B. Report of Scrivener’s Error: Pursuant to Section 30-31 – Agenda of City Council Meetings – of the City of Hialeah Code, the City Clerk shall correct scrivener’s errors that are discovered in ordinances, resolutions, council minutes and staff reports and promptly report all corrections to the City Council. On March 12, 2024, the City Council approved Consent Item U with the incorrect expenditure amount by which to increase the purchase order of $2,300.00. The item has been amended to reflect the correct expenditure amount of $2,460.00. (TRANSIT) REPORTED 14. LANDUSE REPORT: All were duly sworn in by Elsa Jaramillo-Velez, Human Resources Director. LU 1. ORDINANCE: First reading of proposed ordinance amending the future Land Use Map from Low-Density Residential to Office and Professional Services. Property located at 715 East 26 Street, 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 Member Perez away during roll call and Council Member Rodriguez absent. REPORT: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, registered lobbyist, addressed the City Council. 4/3/2024 1:30 PM  Motion to Approve Item LU 1 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-0-2 with Council Member Perez away during roll call and Council Member Rodriguez absent. Council Member Perez recorded her vote as “Yes” after the Motion to Approve had passed. REPORT: Second reading and public hearing is scheduled for April 9, 2024. Registered Lobbyist: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of A&J Prop 2 LLC. On March 13, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: A&J Prop 2 LLC, 4337 East 11th Avenue, Hialeah, Florida 33013. LU 2. ORDINANCE: First reading of proposed ordinance amending the future Land Use Map from Residential Office to Office and Professional Services. Property located at 3499 West 4 Avenue, Hialeah, zoned RO (Residential Office 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 Member Perez away during roll call and Council Member Rodriguez absent. REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council. Motion to Approve Item LU 2 made by Council Member Calvo, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member Perez away during roll call and Council Member Rodriguez absent. Council Member Perez recorded her vote as “Yes” after the Motion to Approve had passed. REPORT: Second reading and public hearing is scheduled for April 9, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Elsa LLC. On March 13, 2024, the Planning and Zoning Board recommended approval with the condition that the applicant is to maintain the current use of the property as a medical center. Planner’s Recommendation: Approval. Property Owner: Elsa LLC, Cristina Sori, and Jorge Luis Sosa, 3499 West 4th Avenue, Hialeah, Florida 33012. 4/3/2024 1:30 PM  15. ZONING PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from R-1 (One-Family District) to 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 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 §98-544 and §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 Member Perez away during roll call and Council Member Rodriguez absent. ORDINANCE NO. 2024-025 REPORT: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, registered lobbyist, addressed the City Council. Motion to Approve Item PZ 1 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member Perez away during roll call and Council Member Rodriguez absent. Council Member Perez recorded her vote as “Yes” after the Motion to Approve had passed. On March 12, 2024, the City Council approved the item on first reading. 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 provided the following conditions are 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. Property Owner: Roy Cisneros and Amelia Cisneros, 4745 Northwest 167th Street, Miami Gardens, Florida 33014. PZ 2. ORDINANCE: Second reading and public hearing 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 4/3/2024 1:30 PM  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 Member Perez away during roll call and Council Member Rodriguez absent. ORDINANCE NO. 2024-026 REPORT: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, registered lobbyist, addressed the City Council. Motion to Approve Item PZ 2 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-0-2 with Council Member Perez away during roll call and Council Member Rodriguez absent. Council Member Perez recorded her vote as “Yes” after the Motion to Approve had passed. On March 12, 2024, the City Council approved the item on first reading. 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 3. ORDINANCE: Second reading and public hearing 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. ITEM IS POSTPONED UNTIL APRIL 23, 2024, PER THE APPLICANT’S REQUEST. On March 12, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for March 26, 2024. Registered Lobbyist: Octavio A. Santurio, 6262 Southwest 40th Street, Suite 3E, Miami, Florida 33155, on behalf of Pastor Danilo Quevedo. 4/3/2024 1:30 PM  On February 28, 2024, the Planning and Zoning Board recommended approval provided the following conditions be 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 4. ORDINANCE: Second reading and public hearing 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 Member Perez away during roll call and Council Member Rodriguez absent. ORDINANCE NO. 2024-027 REPORT: Maritza Haro Salgado, 200 South Biscayne Boulevard, Suite 300, registered lobbyist, addressed the City Council. Motion to Approve Item PZ 4 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member Perez away during roll call and Council Member Rodriguez absent. Council Member Perez recorded her vote as “Yes” after the Motion to Approve had passed. On March 12, 2024, the City Council approved the item on first reading. 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. 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. 4/3/2024 1:30 PM 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 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”, Council Member Perez away during roll call and Council Member Rodriguez absent. ORDINANCE NO. 2024-028 REPORT: Ceasar Mestre, Esq., 8105 Northwest 155th Street, registered lobbyist, addressed the City Council. Motion to Approve Item PZ 5 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 4-1-2 with Council President Tundidor voting “No”, Council Member Perez away during roll call, and Council Member Rodriguez absent. Council Member Perez recorded her vote as “Yes” after the Motion to Approve had passed. On March 12, 2024, the City Council approved the item on first reading. 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 6. 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-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 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. 4/3/2024 1:30 PM  APPROVED 4-1-2 with Council President Tundidor voting “No”, Council Member Perez away during roll call and Council Member Rodriguez absent. ORDINANCE NO. 2024-029 REPORT: Ceasar Mestre, Esq., 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 Zogby. Motion passes 4-1-2 with Council President Tundidor voting “No”, Council Member Perez away during roll call, and Council Member Rodriguez absent. Council Member Perez recorded her vote as “Yes” after the Motion to Approve had passed. On March 12, 2024, the City Council approved the item on first reading. 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 7. ORDINANCE: Second reading and public hearing 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 6-0-1 with Council Member Rodriguez absent. ORDINANCE NO. 2024-030 Motion to Approve Item PZ 7 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez absent. On March 12, 2024, the City Council approved the item on first reading. 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. 4/3/2024 1:30 PM  Property Owner: Pacific Development Corp., 1395 Southeast 8th Court, Hialeah, Florida 33010. PZ 8. ORDINANCE: First reading of proposed ordinance rezoning property from R-1 (One-Family District) to OPS (Office and Professional Services District); granting a Variance Permit to allow an interior west side setback of 2 inches, where 5 feet 1 inch is the minimum required; and 18% previous area, where 30% is the minimum required, in contract to Hialeah Code of Ordinances §98-1026(3) and (5); property located at 715 East 26 Street, Hialeah, zoned R-1 (One-Family District) and legally described herein; repealing all ordinances or parts of ordinances herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council Member Rodriguez absent. REPORT: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, registered lobbyist, addressed the City Council, and provided additional back up documentation which is on file with the Office of the City Clerk. Motion to Approve Item PZ 8 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for April 9, 2024. Registered Lobbyist: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of A&J Prop 2 LLC. On March 13, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) that the landscaping and irrigation plans are required to meet the City’s landscaping manual, (2) Undergrounding of utility lines at the time of construction, (3) as part of the site plan, approval, and clearance letters from all utility companies having rights over the rear easement, (4) the building shall provide finishes as to materials and colors according to the renderings and/or color palettes submitted along this application. Planner’s Recommendation: Approval of the rezoning and approval of the variances with the conditions stipulated. Property Owner: A&J Prop 2 LLC, 4337 East 11th Avenue, Hialeah, Florida 33013. PZ 9. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances §98-181 to allow an Assisted Living Facility (ALF) with 87 beds (existing ALF since 1985); and a Variance Permit to allow 7 parking spaces, where 29 parking spaces are required, in contrast to Hialeah Code of Ordinances §98-2189(21). Property located at 68 West 7 Street, Hialeah, zoned R-3-D (Multifamily 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 6-0-1 with Council Member Rodriguez absent. Motion to Approve Item PZ 9 made by Council Member Zogby, and seconded by Council 4/3/2024 1:30 PM  Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for April 9, 2024. Registered Lobbyist: Melissa Soriano, 2635 Southwest 34th Court on behalf of Odelmys Bello. On March 13, 2024, the Planning and Zoning Board recommended approval with the condition that the applicant shall record a Declaration of Restriction and Landscaping Re- Certification. Planner’s Recommendation: Approval subject to the condition that the applicant record a Declaration of Restriction and landscaping recertification. Property Owner: Odelmys Bello and Niulka Suriel, 68 West 7th Street, Hialeah, Florida 33010. 16. FINAL DECISIONS 17. ADJOURNMENT REPORT: Council President Tundidor adjourned the meeting at 8:03 p.m. NEXT CITY COUNCIL MEETING: Tuesday, April 9, 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 4/3/2024 1:30 PM telephone the Florida Relay Service at (800) 955-8771 (TDD), (877) 955-8773 (Spanish) or (800) 955-8770 (Voice). 4/3/2024 1:30 PM