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 April 23, 2024 7:00 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 7:15 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with all Council Members present. B. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 3. Rafael Suarez-Rivas, City Attorney, was present. 3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE A. Council Member Calvo led the Pledge of Allegiance. 5. MEETING GUIDELINES 5/2/2024 4:02 PM  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. Elizabeth Garcia of the Hialeah Community Coalition reports the results of research conducted by the organization on tobacco and drug use in the City of Hialeah. (MAYOR BOVO) 5/2/2024 4:02 PM  The presentation is postponed until further notice. 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) Milly Herrera (non-registered speaker), 4341 East 8th Avenue, spoke regarding a letter she sent via email to the Mayor and City Council Members on several topics, including the proposed change of City Council Meeting times and dates, as well as marijuana related legislation. 2) Maria Gonzales (non-registered speaker), 1755 West 72nd Street, spoke regarding the marijuana related legislation. 3) Eric Johnson (non-registered speaker), Hialeah Firefighters, Local 1102, spoke regarding the marijuana related legislation. 4) Luis Morales, (non-registered speaker), 7764 West 16th Court, spoke in favor of the approval of item PZ 5 in today’s agenda. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. The backup documentation to Consent Item D has been updated with the addition of a Memorandum of Understanding between Hialeah Housing Authority and City of Hialeah, Florida, regarding the management of City of Hialeah-Owned Affordable Housing Buildings. 9. BOARD APPOINTMENTS 9A. RESOLUTION: Proposed resolution appointing Douglas Cordovi to the Personnel Board of the City of Hialeah, as the Mayor’s appointment, for a term not exceeding two (2)-years and ending on December 9, 2025. (OFFICE OF THE MAYOR) 5/2/2024 4:02 PM  REPORT: Motion to Approve 9A made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 7-0. APPROVED 7-0 RESOLUTION NO. 2024-113 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 B and J. REPORT: Council Member Pacheco requested separate discussion on Consent Items D and J. REPORT: Motion to Approve the Consent Agenda, except items B, D and J, made by Council Member Perez, and seconded by Council Member Rodriguez. Motion passes 7-0. A. Request permission to approve the minutes of the City Council Meeting held on April 9, 2024 at 7:00 p.m. (OFFICE OF THE CITY CLERK) APPORVED 7-0 B. RESOLUTION: Proposed resolution designating West 45th Street between West 2nd Avenue and West 1st Avenue as “Immaculate Conception Catholic School Way”, with the cost of signage to be paid by the City; and providing for an effective date. (ADMINISTRATION) REPORT: Mayor Bovo spoke on the item. REPORT: Motion to Approve Item B made by Council Member Perez, and seconded by Council Member Zogby. Motion passes 7-0. APPROVED 7-0 RESOLUTION NO. 2024-114 C. RESOLUTION: Proposed resolution rescinding Resolution No. 2024-053 approved and adopted on February 13, 2024, and re-naming East 51st Street from 6th Avenue to East 7th Avenue as 5/2/2024 4:02 PM  “Rogelio Veloz Way”, with the cost of signage to be paid by the City; and providing an effective date. (ADMINISTRATION) APPROVED 7-0 RESOLUTION NO. 2024-115 D. RESOLUTION: Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute an Interlocal Agreement with the Hialeah Housing Authority (“HHA”), attached hereto as “Exhibit A,” for the management of the City’s affordable housing buildings, its units, and garage; and further authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to execute any and all necessary documents in furtherance thereof upon approval of the Mayor and that of the City Attorney for legal sufficiency; and providing for an effective date. (FINANCE MANAGEMENT) REPORT: Ruth Rubi, Executive Director of Finance Management, spoke on the item. REPORT: Julio Ponce, Director of Hialeah Housing Authority, spoke on the item. REPORT: Mayor Bovo spoke on the item. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Motion to Approve Item D made by Council Member Perez, and seconded by Council Member Calvo. Motion passes 7-0. APPROVED 7-0 RESOLUTION NO. 2024-116 E. RESOLUTION: Proposed resolution approving a piggyback contract by the National Association of State Procurement Officials (NASPO), for the lease of a Ricoh Pro C5310S with a total contract amount not to exceed the total sum of $115,245.60; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue purchase orders to Ricoh Company, LTD. in the amounts not to exceed $9,603.80 in fiscal year 2023-24, $23,049.12 in fiscal year 2024-25, $23,049.12 in fiscal year 2025-26, $23,049.12 in fiscal year 2026-27, $23,049.12 in fiscal year 2027-28 and $13,445.32 in fiscal year 2028-29 for the lease of a Ricoh Pro C5310S, and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (PURCHASING DIVISION) APPROVED 7-0 RESOLUTION NO. 2024-117 F. RESOLUTION: Proposed resolution accepting the Invitation for Bids response for Invitation for 5/2/2024 4:02 PM  Bid (IFB) 2023-24-8325-00-007 for the General Contractor – S.H.I.P. AI. Hernandez; 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 Respiro, LLC. (the vendor) in an amount not to exceed $45,173.47 which includes a 10% contingency fee, for the General Contractor – S.H.I.P. AI. Hernandez, and in substantial conformity with the attached Invitation for Bid 2023-24-8325-00-007, 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 DIVISION) APPROVED 7-0 RESOLUTION NO. 2024-118 G. RESOLUTION: Proposed resolution accepting the Invitation for Bids response for Invitation for Bid (IFB) 2023-24-8325-00-006 for the General Contractor – S.H.I.P. M. Ferrandi; 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 Mario’s Painting and Services, Inc. (the vendor) in an amount not to exceed $75,441.30 which includes a 10% contingency fee, for the General Contractor – S.H.I.P. M. Ferrandi, and in substantial conformity with the attached Invitation for Bid 2023-24-8325-00-006, 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 DIVISION) APPROVED 7-0 RESOLUTION NO. 2024-119 H. RESOLUTION: Proposed resolution accepting the Invitation for Bids response for Invitation for Bid (IFB) 2023-24-3230-00-018 for the Roof Replacement at Police Headquarters; 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 A1 Property Services Group, Inc. (the vendor) in an amount not to exceed $765,857.95, which includes a 10% contingency fee, for the Roof Replacement at Police Headquarters, and in substantial conformity with the attached Invitation for Bid 2023-24-3230- 00-018, 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 DIVISION) APPROVED 7-0 RESOLUTION NO. 2024-120 I. RESOLUTION: Proposed resolution accepting and executing the proposed Off-System Construction and Maintenance Agreement between the City and the Florida Department of Transportation; attached hereto as “Exhibit A”; for Right of Way Improvements within the City’s Right of Way; and providing for an effective date. 5/2/2024 4:02 PM  (STREETS DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-121 J. RESOLUTION: Proposed resolution opposing Amendment 3 to the Florida Constitution, Adult Personal Use of Marijuana; providing for transmittal; and providing for an effective date. (SPONSOR: COUNCIL MEMBER PEREZ) (CO SPONSOR: MAYOR BOVO) REPORT: Barbara Govea, City of Hialeah Deputy City Attorney, spoke on the item. REPORT: Mayor Bovo spoke on the item. REPORT: Sergeant Torres, Hialeah Police Department, spoke on the item. REPORT: Council Member Pacheco spoke on the item and provided a copy to each Council Member of an article titled “You can soon smoke marijuana in public outdoor spaces, but some cities are mulling bans”. A copy of the article is on file with the Office of the City Clerk. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Motion to Approve Item J made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 7-0. APPROVED 7-0 RESOLUTION NO. 2024-122 K. Request permission to utilize Contract No. R191902 – Educational Software Solutions and Services Executive Summary, between the Region 4 Education Service Center (ESC) and Carahsoft, and issue a purchase order to eCivis, Inc. (a software of Carahsoft), to renew the City’s eCivis license for the second year for the ten (10) licenses purchased in 2023 to assist in identifying grant opportunities and provide critical research content to increase the opportunity to secure more funds, in a total expense amount not to exceed $28,730.63. The funding for this expense is to be charged to the General Fund – Contractual Services Account No. 001.8500.519.340. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 7-0 11. ADMINISTRATIVE ITEMS 5/2/2024 4:02 PM  11A. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 30 (entitled “Elected Officials”) of the Code of Ordinances, and in particular Article II (entitled “Public Meetings”) to enact a new Section 30-32 entitled “Times and Dates of Regular City Council Meetings” to provide that all regular meetings of the City Council shall commence no earlier than 6:00 p.m. 5:30 p.m. and be held on the second and fourth Tuesday of each month; repealing all ordinances or parts of ordinances herewith; providing penalties for violations hereof; providing for inclusion in the code; providing a severability clause; and providing for an effective date. (SPONSOR: COUNCIL MEMBER PEREZ) APPROVED AS AMENDED 6-1 with Council Member Pacheco voting “No”.  Amendment proposed by Council Member Rodriguez: to provide that all regular meetings of the City Council shall commence no earlier than 5:30 p.m. and be held on the second and fourth Tuesday of each month. ORDINANCE NO. 2024-036 REPORT: Council President Tundidor opened the item for public participation and one person present in the Council Chambers expressed interest in speaking: REPORT: Milly Herrera, 4341 East 8th Lane, spoke in opposition to the item. Motion to Approve Item 11 A as Amended made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-1 with Council Member Pacheco voting “NO”. 11B. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 98, entitled “Zoning”, amending §98-1536 “Purpose”, §98-1539 “Definitions” and §98-1541 “Hialeah Transfer Station Subdistrict” regulating expansion parameters, defining activity arterial corridors and setting geographic limits; promoting pedestrian activity and providing for incorporation of mixed-use developments that result in improved natural surveillance; repealing all ordinances or parts of Ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (PLANNING AND ZONING DIVISION) APPROVED 6-0-1 with Council Member Perez away during roll call. Motion to Approve Item 11B made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Perez not present during roll call. Council Member Perez recorded her vote as “Yes” after the motion to approve had passed. REPORT: Second reading and public hearing is scheduled for May 14, 2024. 11C. ORDINANCE: First reading of proposed ordinance repealing and rescinding Hialeah Ordinance No. 2018-027 (April 16, 2018) granting a Variance Permit to allow the 5/2/2024 4:02 PM  redevelopment of the property; 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. (PLANNING AND ZONING DIVISION) APPROVED 6-0-1 with Council Member Perez not present during roll call. REPORT: Debora Storch, City of Hialeah Planning and Zoning Official, spoke on the item. Motion to Approve Item 11C made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member Perez not present during roll call. Council Member Perez recorded her vote as “Yes” after the motion to approve had passed. REPORT: Second reading and public hearing is scheduled for May 14, 2024. 11D. ORDINANCE: First reading of proposed ordinance repealing and rescinding Hialeah Ordinance No. 2017-096 (December 18, 2017) granting a Special Use Permit (SUP) and rezoning from M-1 (Industrial) to allow the expansion of the Neighborhood Business District (NBD); 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. (PLANNING AND ZONING DIVISION) APPROVED 5-1-1 with Council Member Pacheco voting “No” and Council Member Perez not present during roll call. Motion to Approve Item 11D made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-1-1 with Council Member Pacheco voting “No” and Council Member Perez not present during roll call. Council Member Perez recorded her vote as “Yes” after the motion to approve had passed. REPORT: Second reading and public hearing is scheduled for May 14, 2024. 12. UNFINISHED BUSINESS None reported. 13. NEW BUSINESS REPORT: Council Member Pacheco spoke regarding exploring what measures are being taken in other cities to increase the availability of affordable housing, and provided a copy to each Council Member of a letter dated April 23, 2024 with the subject “Concerns about uncontrolled development of housing and affordable housing crisis”. The letter provided by Council Member Pacheco is on file with the Office of the City Clerk. 5/2/2024 4:02 PM  REPORT: Council Member Perez requested to amend Ordinance No. 2023-063 passed on June 13, 2023, to add wording contingent on the possibility of the passing of Amendment 3 in November 2024.  REPORT: Motion to amend Ordinance No. 2023-063 made by Council Member Perez, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member Calvo not present during roll call. 14. LANDUSE REPORT: All were duly sworn in by Marbelys Fatjo, City Clerk. LU 1. ORDINANCE: Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Medium-Density Residential; property located at 4935 East 8th Avenue, zoned R-2 (One-and Two-Family Residential 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 7-0 ORDINANCE NO. 2024-037 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item LU 1 made by Council Member Rodriguez, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. On April 9, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for April 23, 2024. Registered Lobbyist: Felix Lasarte, 3250 Northeast Lane, Suite 334, Miami, Florida on behalf of Elena Lapica. On March 27, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owners: Elena Lapica, Magaly Cueto, and Carmen Carroduegas, 670 West 53rd Terrace, Hialeah, Florida 33012. LU 2. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Transit-Oriented Development District; Property located at 951 East 28 Street and 2881 East 9 Avenue, Hialeah zoned R-1 (One-Family District) and 5/2/2024 4:02 PM  legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 7-0 Motion to Approve Item LU 2 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for May 14, 2024. Registered Lobbyist: Jorge L. Navarro and Carlos Diaz, 333 Southeast 2nd Avenue, 44th Floor, Miami, Florida 33131, on behalf of Taves Capital Group, LLC. On April 10, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Tomas Vasquez, 4640 Northwest 84th Avenue, Suite 105, Doral, Florida 33166. 15. ZONING PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-2 grade elementary school with a maximum capacity of 20 students in conjunction with a 21 children daycare; property located at 1570 West 43 Place, Suites 15-18, 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 7-0 ORDINANCE NO. 2024-038 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 Perez. Motion passes 7-0. On April 9, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for April 23, 2024. 5/2/2024 4:02 PM  Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of My Child’s Dream Inc. On March 27, 2024, the Planning and Zoning Board recommended approval after amending the application to approve only the Conditional Use Permit (CUP) with the following conditions: (1) the applicant must provide a Declaration of Restrictions for the Conditional Use Permit (CUP), including 20 maximum number of school grade students in Kindergarten and 2nd Grade, in conjunction with a maximum of 21 children daycare, (2) the applicant must obtain a Change of Use approval within 90 days of Conditional Use Permit (CUP) approval, (3) the shopping center property owner to submit an operational parking plan and parking variance to satisfy the parking requirements of the entire shopping center and obtain a landscaping re-certification, and (4) seven parking spaces allocated to this use. Planner’s Recommendation: Approval of the Conditional Use Permit (CUP) request with conditions. Property Owner: My Childs Dreams, Inc., 1570 West 43rd Place, Hialeah, Florida, Janet Lopez Mesa, 2021 Northwest 82nd Terrace, Pembroke Pines, Florida, Prado Investment Corp., 51 Southwest 127th Avenue, Miami, Florida 33184 Jose Suarez, 51 Southwest 127th Avenue, Miami, Florida 33184 PZ 2. 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 prescribed pediatric extended care (PPEC) with a maximum of 4 patients and 2 staff members; property located at 1022 East 8th Avenue, and legally described herein, Hialeah, zoned C-2 (Liberal Retail Commercial District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 7-0 ORDINANCE NO. 2024-039 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 2 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 7-0. On April 9, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for April 23, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016 on behalf of New Vision Rehab, Inc. On March 27, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) a maximum of two (2) staff members and four (4) patients at the same time with no patient overlapping, (2) two designated parking spaces for pick-up and drop-off of patients, (3) posting of signs on designated parking spaces, (4) 10-minute time limitation on pick-up and drop-off designated parking spaces, (5) staggered scheduling 5/2/2024 4:02 PM  for patients arriving in collective transportation and private transportation. Planner’s Recommendation: Approval with conditions. Property Owner: Martha Alvarez, 1022 East 8th Avenue, Hialeah, Florida 33010. PZ 3. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the Neighborhood Business District (NBD) Overlay; granting a Variance Permit to allow 18 units to have an area of 747 square feet and 6 units to have an area of 616 square feet, where 850 square feet is the minimum area required; allow 65 parking spaces, where 84 parking spaces are required; allow front setback of 5 feet, where 10 feet built-to-line are required; granting a Variance to waive the building mass and building frontage development standards in contrast to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.3(e)(1) and 98-2189(16)(a); properties located at 308, 330, 342 East 9 Street, Hialeah, zoned CR (Commercial Residential 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 WITH CONDITIONS 7-0 ORDINANCE NO. 2024-040 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ 3 with conditions made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 7-0. On April 9, 2024, the City Council approved the item as amended on first reading. The amendment consists of the additional of a whereas clause for retail hours of operation and parking management. Second reading and public hearing is scheduled for April 23, 2024. Registered Lobbyist: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of Mitchell Sabina. On March 27, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) the proposed parking count will allow 2 parking spaces for each of the 9, two-bedroom apartments (18 parking spaces), 1 parking space for the remaining 24 one-bedroom apartments (24 parking spaces), 3 accessible parking spaces and 20 parking spaces for the retail component during the day that might be shared with the apartments overnight. Since no car parking is available on East 9th Street, 20 parking spaces will be available after hours and on-street parking is available on East 3rd Avenue, (2) the development of the property in consistency with the plans prepared by Manny Reus (architect) dated February 14, 2024 including the proposed site plan, elevations, architectural features, color scheme and landscaping , (3) as required by Sec. 98-1630.9 and to avoid real estate speculation and delay, the applicant will need to proffer a demolition, construction schedule, and consistency with plans in a Declaration of Restrictive Convents. Planner’s Recommendation: Approval with conditions. 5/2/2024 4:02 PM  Property Owner: Mitchell Sabina, 7767 Northwest 146th Street, Miami Lakes, Florida 33016. PZ 4. 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 THE CITY COUNCIL MEETING OF MAY 14, 2024. On March 26, 2024, the applicant requested the item to be tabled until April 23, 2024. Second reading and public hearing is scheduled for April 23, 2024. 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. 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 5. ORDINANCE: First reading of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the Neighborhood Business District Overlay (NBD) in relation to a proposed mixed-use development including 815 residential units and approximately 32,624 square feet of commercial space; granting a Variance Permit to allow the waiving of the building mass requirements; allow 10 feet front and street side setbacks, where 22 feet and 34 feet are required for the middle and penthouse levels, and allow 1,559 parking spaces where 2,006 parking spaces are required; in contrast to Hialeah Code of Ordinances §§ 98-1630.3 (c), 98-1630.3(e)(1), and 98-2189(16)(b); property located at 1625 West 49 Street, 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. 5/2/2024 4:02 PM  REPORT: Jose Jimenez, 2020 Salzedo Street, registered lobbyist, addressed the City Council. His presentation is on file with the Office of the City Clerk. REPORT: Armando Codina, 50 Casurina Concourse, Coral Gables, property owner, addressed the City Council. REPORT: Steve Levin, Dallas, Texas, Owner of Westland Mall, addressed the City Council. APPROVED 7-0 Motion to Approve Item PZ 5 made by Council Member Calvo, and seconded by Council Member Zogby. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for May 14, 2024. Registered Lobbyist: Jose Jimenez, 2020 Salzedo Street, Suite 102, Coral Gables, FL 33134, on behalf of CCK Westland, LLC. On April 10, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) the applicant proffers a demolition and construction schedule, (2) consistency with plans in a Declaration of Restrictive Covenants. Planner’s Recommendation: Approval with conditions. Property Owner: Codina Property Holdings, LLC, CF Four Holdings, LLC, and Kadre Family Partnership, L.P., 2020 Salzedo Street, Suite 301, Coral Gables, Florida 33134. PZ 6. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-1 grade elementary school with a maximum capacity of 24 students in conjunction with a 72 children daycare; granting a Variance Permit to allow 35 parking spaces, where 42 parking spaces are required; in contrast to Hialeah Code of Ordinances §98-2189(9); property located at 2863 West 2 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 7-0 Motion to Approve Item PZ 6 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for May 14, 2024. On April 9, 2024, the item was tabled by the City Council until April 23, 2024. First reading is scheduled for April 23, 2024. Registered Lobbyist: Waldo O’Famil, 4044 Merdian Avenue, Miami Beach, on behalf of Andres Rico. 5/2/2024 4:02 PM  On March 27, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) the satellite parking agreement is secured at all times and that the school may remain in operation only if the satellite parking facility or an alternate are viable, (2) Staff shall park at all times at the proposed satellite parking site, (3) 24 maximum number of students in Kindergarten and First Grade and a maximum of 72 children daycare, (4) Obtain a Change of Use within 90 days of Conditional Use Permit (CUP) approval. Planner’s Recommendation: Approval of Conditional Use Permit only. Property Owner: Macaha Lorpontio, 5100 Southwest 82nd Avenue, Miami, Florida 33155. PZ 7. ORDINANCE: First reading of proposed ordinance rezoning property from R-1 (One-Family District) to TOD (Transit-Oriented Development District); property located at 951 East 28 Street, and 2881 East 9 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 7-0 Motion to Approve Item PZ 7 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for May 14, 2024. Registered Lobbyist: Jorge L. Navarro and Carlos Diaz, 333 Southeast 2nd Avenue, 44th Floor, Miami, Florida 33131, on behalf of Taves Capital Group, LLC. On April 10, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Tomas Vasquez, 4640 Northwest 84th Avenue, 15 Suite 105, Doral, Florida 33166. PZ 8. ORDINANCE: First reading of proposed ordinance rezoning property from R-2 (One-And Two-Family Residential District) to P (Parking); property located at 1171 West 69 Place, Hialeah, zoned R-2 (One-and Two-Family Residential 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 not present during roll call. Motion to Approve Item PZ 8 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez not present during the roll call. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve passed. 5/2/2024 4:02 PM  REPORT: Second reading and public hearing is scheduled for May 14, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Sweetwater 69, LLC. On April 10, 2024, the Planning and Zoning Board recommended approval with the condition that a Unity of Title is proffered to serve as a parking lot for the properties located at 1179 West 69th Place and 1174 West 70th Place. Planner’s Recommendation: Approval with conditions. Property Owner: Sweetwater 69, LLC and Adolfo Nunez Rodriguez, 1171 West 69th Place, Hialeah, Florida 33014. PZ 9. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-8 grade school with a maximum capacity of 97 students; granting a Variance Permit to allow an interior west side setback of 9.5 feet, where 10 feet are required; and allow 20 parking spaces, where 26 parking spaces are required; in contrast to Hialeah Code of Ordinances §98-1606(f)(3) and §98-2189(9); property located at 1179 West 69 Place, and 1174 West 70 Place, Hialeah, zoned R-3-3 (Multiple- 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. REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council. APPROVED 6-0-1 with Council Member Rodriguez away. Motion to Approve Item PZ 9 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez not present during roll call. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve passed. REPORT: Second reading and public hearing is scheduled for May 14, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf of Puerto Principe Properties, LLC/Blanquizall, LLC. On April 10, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) provide a Declaration of Restrictions for the Conditional Use Permit including 97 maximum number of school grade students in Kindergarten and 8th grade school, (2) obtain a building permit to convert property located at 1171 West 69th Place to a parking lot according to the plans submitted dated December 4, 2023 signed and sealed by architect Manny Reus, (3) Obtain a Change of Use approval within 90 days of the Conditional Use Permit approval and (4) Provide a Unity of Title for the three lots considered to operate the school. Planner’s Recommendation: Approval with conditions. 5/2/2024 4:02 PM  Property Owner: Puerto Principe Properties, LLC, Blanquizall, LLC, and Adolfo Rodriguez Nuñez, 5801 East 2nd Avenue, Hialeah, Florida 33013. PZ 10. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow a height of 60 feet, where 45 feet is the maximum height allowed; and allow 60% lot coverage, where 45% is the maximum lot coverage allowed; in contrast to Hialeah Code of Ordinances §98-880 and §98-879(b); property located at 111 East Okeechobee Road, Hialeah, zoned CR (Commercial Residential 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. REPORT: Manny Reus (architect), 18501 Pines Boulevard, #342, registered lobbyist, addressed the City Council. APPROVED 6-0-1 with Council Member Rodriguez away. Motion to Approve Item PZ 10 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Rodriguez not present during roll call. Council Member Rodriguez recorded his vote as “Yes” after the motion to approve passed. REPORT: Second reading and public hearing is scheduled for May 14, 2024. Registered Lobbyist: Manny Reus (architect), 18501 Pines Boulevard, #342, Pembroke Pines, Florida 33029, on behalf of Vanessa Paz. On April 10, 2024, the Planning and Zoning Board recommended approval provided that the project shall be developed according to the plans submitted along with this application prepared by Manny Reus, Architect, signed and sealed on February 19, 2024. The applicant is also required to submit a Declaration of Restrictive Covenants. Planner’s Recommendation: Approval with conditions. Property Owner: Vanessa Paz, 500 Bay View Drive, Suite 631, Sunny Isles, Florida 33160. PZ 11. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow K-5 grade Elementary School within a shopping plaza with a maximum capacity of 112 students, in conjunction with an 81 children daycare; and granting a Variance Permit to allow 409 parking spaces, where 418 parking spaces are required, in contrast to Hialeah Code of Ordinances §98-2189(9); property located at 4056- 4058 West 12th 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 7-0. 5/2/2024 4:02 PM  REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. REPORT: Alexander Magrisso, Assistant City Attorney, addressed the City Council. Motion to Approve Item PZ 11 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for May 14, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf Sunshine Childcare & Preschool Center. On April 10, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) obtain building and street permits to re-establish the swale area with landscaping along West 12th Avenue according to plans submitted with this application signed and sealed by Mr. Jose Martinez, on March 27, 2024, (2) provide a Declaration of Restrictions for the Conditional Use Permit (CUP) including 112 maximum number of school grade students in K-5 grade elementary school, in conjunction with a maximum of 81 children daycare, including the designated parking spaces and modification to the entrance of the school to mitigate the traffic impact during drop-off and pick-up of children and students, (3) obtain a Change of Use approval within 90 days of Conditional Use Permit (CUP) approval. Planner’s Recommendation: Approval with conditions for the Conditional Use Permit and parking variance. Property Owner: Westside Center, LTD. and Mario Ferro 8165 Northwest 155th Street, Miami Lakes, Florida 33016. Dayle Rodriguez, 4056 West 12th Avenue, Hialeah, Florida 33012. PZ. 12 ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a Kindergarten class with a maximum capacity of 13 students in conjunction with a 47-Children Daycare; property located at 118 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 7-0 REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council. Motion to Approve Item PZ 12 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 7-0. REPORT: Second reading and public hearing is scheduled for May 14, 2024. 5/2/2024 4:02 PM  Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf Second Home Learning Center. On April 10, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval of the Conditional Use Permit with conditions. Property Owner: Miguel A. Ruiz, Betty Ruiz and Second Home Learning Center, 1340 West 34th Street, Hialeah, Florida 33012. PZ 13. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-5th grade school with a maximum capacity of 55 students in conjunction with a 28-children daycare; property located at 1006 East 8th Avenue, Units 1004, 1006, 1008, 720, and 736, 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 6-1 with Council President Tundidor voting “NO”. 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 Approve Item PZ 13 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-1 with Council President Tundidor voting “NO”. REPORT: Second reading and public hearing is scheduled for May 14, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf My First Steps Learning School, Inc. On April 10, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) the property owner creates 15 new parking spaces and that the school has eight (8) designated parking spaces, (2) provide a Declaration of Restrictive Covenants for the Conditional Use Permit (CUP) including 55 maximum number of students in Kindergarten through 5th grade in conjunction with a maximum of 28 children daycare, (3) obtain a Change of Use approval within 90 days of Conditional Use Permit (CUP) approval. Planner’s Recommendation: Approval with withdrawal of the parking variance and approval of the Conditional Use Permit with conditions. Property Owner: My First Step Learning School Inc., 1006 East 8th Avenue, Hialeah, Florida 33010. Neida Ojeda, 12870 Southwest 72nd Terrace, Miami, Florida 33183 Verencia Investments International Inc., 1200 Brickell Avenue, Suite 240, Miami, Florida 33131. 5/2/2024 4:02 PM  16. FINAL DECISIONS FD 1. RESOLUTION: Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2024-06, granting a rear setback of 8.1 feet, where 20 feet is the minimum required for an existing metal roof to be legalized. Property located at 5491 West 5 Lane, Hialeah, zoned R-1 (One-Family District); and providing for and effective date. APPROVED 7-0 RESOLUTION NO. 2024-123 Motion to Approve Item FD 1 made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 7-0. On March 27, 2024, the Planning and Zoning Board recommended approval provided that the front aluminum carport for two vehicles are removed, several concrete areas are removed to comply with 30% previous areas, legalize the fences, and remove the side canvas awing and remove the 9 feet by 8 feet shed. Planner’s Recommendation: Approval with conditions. Property Owner: Martin J. Gutierrez, 5491 West 5th Lane, Hialeah, Florida 33012. 17. ADJOURNMENT NEXT CITY COUNCIL MEETING: Tuesday, May 14, 2024 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: May 28, 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 5/2/2024 4:02 PM 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). 5/2/2024 4:02 PM