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 May 14, 2024 5:30 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 5:36 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with Council Member Rodriguez absent. B. REPORT: Council Member Calvo was not present during the roll call, but arrived at 5:42 p.m. during Item 6A - Presentation. C. REPORT: Council Member Pacheco was not present during roll call, but arrived at 6:06 p.m. during Item 6B – Presentation. D. 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 5/20/2024 5:21 PM  A. Council Member Perez led the Pledge of Allegiance. 5. MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes.  The public can view public meetings on the City’s YouTube page (www.youtube.com/cityofhialeahgov ).  Members of the public may hear the meeting live through telephonic conferencing using any telephone or cellular phone service. A smart device or computer are not necessary to participate in the meeting if you join by phone.  All persons participating via the web platform will be muted during the meeting until called upon to be heard. Participation through Zoom requires a computer or smart mobile device with a microphone and web camera. The participant may elect to participate in the meeting using audio only or appear through both audio and video. The video function of all participants appearing through video will be turned off until called upon to be heard. REPORT: Marbelys Fatjo, City Clerk, announced the meeting guidelines. 6. PRESENTATIONS 5/20/2024 5:21 PM  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) REPORT: Presented by Elizabeth Garcia and Maria Barseo, 7410 North Agusta Drive, presented. B. Mayor Bovo proclaims May 14, 2024 as Israel’s Independence Day in Hialeah. (MAYOR BOVO) REPORT: Mayor Bovo spoke on the item. REPORT: Consul General Maor Elbaz-Starinsky, addressed the Mayor and Council. REPORT of Symbolic Vote: Motion to proclaim May 14, 2024 as Israel’s Independence Day in Hialeah made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Rodriguez absent. C. Staff presentation by David Fernandez, City of Hialeah Division Director of Marketing and Sponsorship, on the Placer AI (artificial intelligence) data. (MAYOR BOVO) PRESENTED 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: Five (5) members of the public present in the Council Chambers expressed interest in speaking during the Comments and Questions of the meeting. 1) Gabriel Rodriguez (registered speaker), 361 East 12th Street, spoke regarding his observations of the City, as well as commended several employees of the City. 2) Juan Santana (registered speaker), 5601 West 10th Avenue, spoke regarding the passport office at JFK Library, the elderly waiting in line to apply for housing, and the Office of the City Clerk. 3) Nestor Proveyer (registered speaker), 1075 West 77th Street, Apt. 110, spoke 5/20/2024 5:21 PM  regarding a the idea of the City hosting a jazz festival. 4) Eric Johnson, (non-registered speaker), Hialeah Firefighters Local 1102, spoke regarding the data obtained through Placer AI. 5) Nancy Novaz, (non-registered speaker), 91 East 31st Street, spoke against redistricting and the water department. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. Administrative Item 11F is postponed until the City Council Meeting of May 28, 2024. 9. BOARD APPOINTMENTS 9A. RESOLUTION: Proposed resolution re-appointing Abdel Jimenez as member of the Planning and Zoning Board for a two (2)-year term ending on February 22, 2026. (COUNCIL MEMBER CALVO) REPORT: Motion to Approve 9A made by Council Member Perez, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Rodriguez. APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-124 9B. RESOLUTION: Proposed resolution re-appointing Clayton Warren Angus to the Personnel Board of the City of Hialeah, as the International Association of Firefighters and the Fraternal Order of Police appointment, for a two (2)-year term ending on January 16, 2026. (FRATERNAL ORDER OF POLICE) (INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS) REPORT: Motion to Approve 9B made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Rodriguez. APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-125 10. CONSENT AGENDA 5/20/2024 5:21 PM  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 Perez. Motion passes 6-0-1 with Council Member Rodriguez absent. A. Request permission to approve the minutes of the City Council Meeting held on April 23, 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 Immigration Workshop held on April 15, 2024 at 1:00 p.m. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Rodriguez absent. C. Request permission for the City Council to recess for the month of July 2024 pursuant to §3.01 of the City Charter. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Rodriguez absent. D. RESOLUTION: Proposed resolution transferring the sculpture entitled “El Precio De Libertad” by Rafael Consuegra and the monument to “Las Damas De Blanco” commissioned by Orlando Martinez-Paz from Triangle Park to Garden of the Arts Park and Walker Park respectively; authorizing the Mayor or designee to sign any related and customary documents to effectuate this resolution; and providing for an effective date. (SPONSOR: COUNCIL MEMBER PEREZ) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-126 E. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Miami Beach for temporary staffing services for seven (7) City of Hialeah council aides; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to increase Purchase Order No. 2024-1274 to 4 Best Business Corp. in the amount not to exceed $50,000.00, for a total cumulative expense amount of $205,000.00; for the purchase of temporary staffing services for seven (7) City of Hialeah Council Aides and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”; and providing for an effective date. 5/20/2024 5:21 PM  (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-127 F. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to utilize grant monies awarded to the City of Hialeah Education and Community Services Division, as a participating agency, by the Children’s Trust for the Step Ahead Afterschool and Summer Camp Program and approving an increase of $10,575.00 to the open purchase order in place for J&M Vera School Bus Service Inc. for fiscal year 2024 to assist the Education and Community Services Division in providing transportation services for afterschool programming; and approving the expenditure in an amount not to exceed $33,750.00; and providing for an effective date. (EDUCATION AND COMMUNITY SERVICES) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-128 G. RESOLUTION: Proposed resolution authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to increase Purchase No. 2024-1010 issued for V&C Design Build Corporation for the payment of services rendered through June 5th, 2024; approving the purchase order in an amount not to exceed $43,320.00; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-129 H. RESOLUTION: Proposed resolution authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute a Sub-Recipient Grant Agreement between Citrus Health Network, Inc. and the City of Hialeah, Florida, in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit “1”, to provide homeless assistance activities under the City’s established emergency solutions strategies including without limitation, homelessness prevention, rapid re-housing, emergency shelter, and outreach, in the amount of $215,485.22 for a term commencing May 1, 2024 through September 15, 2025; authorizing the Mayor and his designee to execute and deliver the ESG funds and all other necessary and customary documents in furtherance thereof on behalf of the City; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-130 5/20/2024 5:21 PM  I. Request permission to increase Purchase Order 2024-297, issued to Law Enforcement Psychological and Counseling Associates, Inc., for the primary psychologist providing screening services for new hire police recruits, police officers, and firefighters, as well as to serve as the City’s Employee Assistance Program (EAP) provider, by an additional amount of $25,000.00, for a new total cumulative amount not to exceed $50,000.00. The funding for the expenditure in is to be withdrawn from the General Fund – Professional Services Account No. 001.4100.513.310. (HUMAN RESOURCES DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. J. Request permission to increase Purchase Order 2024-951, issued to Pines Health Center, Inc., doing business as Health Care Center of Miami, for pre-employment examinations for new hire police recruits, police officers, firefighters, and general City employees, by an additional amount of $25,000.00, for a new total cumulative amount not to exceed $50,000.00. The funding for the expenditure in is to be withdrawn from the General Fund – Professional Services Account No. 001.4100.513.310. (HUMAN RESOURCES DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. K. RESOLUTION: Proposed resolution approving a piggyback contract by the State of Washington Department of Enterprise Services; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Motorola Solutions, in the amount not to exceed $81,794.00, for the purchase of ten (10) APX 6500 mobile radios and related accessories; and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-131 L. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or the City of Hialeah Police Chief as the Mayor’s designee and the City Clerk, as attesting witness, on behalf of the City, to execute all necessary documents of the Police Recruit Sponsorship Program with Miami-Dade College; and approving the issuance of a purchase order for the Police Recruit Sponsorship Program in an amount not to exceed $172,473.90; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-132 5/20/2024 5:21 PM  M. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Motorola Solutions for the purchase of communications equipment, services, hardware, software and installation services for CCTV cameras within the Hialeah Police Department in an amount not to exceed $46,588.00; and authorizing the Mayor or his designee, and the City Clerk, as attesting witness, on behalf of the City, to execute all necessary documents upon the review of the City Attorney for legal sufficiency of referenced documents, and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-133 N. RESOLUTION: Proposed resolution accepting the Invitation for Bids Response for Invitation for Bid (IFB) 2023-24-8325-00-022 for the General Contractor S.H.I.P. – M. Pino; 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 $86,414.86 which includes a 10% contingency fee for the General Contractor S.H.I.P. – M. Pino; and in substantial conformity with the attached Invitation for Bid (IFB) 2023-24-8325-00-022, 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. (PURSHASING DIVISION) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-134 O. RESOLUTION: Proposed resolution approving award of Request for Qualifications (RFQ) 2023-24-8500-00-021 “Developer for Hialeah City Center P3 Step One” to Terra International Services, LLC., the sole pre-qualified firm; in substantial conformity with the Request for Qualifications attached hereto as “Exhibit A”; and authorizing the Purchasing Director to proceed to step two by issuing a Request for Proposal (RFP) to effectuate this resolution; and providing for an effective date. (PURSHASING DIVISION) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-135 P. RESOLUTION: Proposed resolution accepting the RFQ Response for Request for Qualifications (RFQ) 2021-22-9500-00-001 for Engineering and Architectural Services including City funded and ARPA (American Rescue Plan Act) funded projects; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to R.J. Behar & Company, Inc. in an amount not to exceed $55,436.00, for the design services of the Okeechobee Road Pedestrian Bridge Rehabilitation & Beatification Project; and in substantial conformity with the attached Request for Qualifications 2021-22-9500-00-001, attached hereto 5/20/2024 5:21 PM  and made a part hereof as “Exhibit A”; and authorizing the Mayor or his designee to sign any related and customary purchasing documents to effectuate this Resolution; and providing for an effective date. (STREETS) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-136 Q. RESOLUTION: Proposed resolution approving an Interlocal Agreement between the City of Hialeah, Florida and Miami-Dade County for surface water quality sampling and analysis, for a term commencing upon execution of the Interlocal Agreement and ending on September 30, 2029, in an amount not exceed $145,316.42; and further authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City to execute said Interlocal Agreement, a copy of which is attached hereto in substantial form and made a part hereof as “Exhibit 1”; and providing for an effective date. (STREETS) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-137 R. RESOLUTION: Proposed resolution waiving competitive bidding; approving an agreement between the City of Hialeah and Xtreme FX, LLC, to provide customized visual, audio and pyrotechnic special effects for the City’s yearly Fourth of July Celebration, for a term of three years commencing on July 4, 2024 and ending on July 3, 2027, with the option to renew for two additional one-year terms, in an amount not to exceed $90,000.00 per year; and authorizing the Mayor or his designee, and the City Clerk, as attesting witness, on behalf of the City, to execute an agreement between the City of Hialeah and Xtreme FX, LLC attached hereto as Exhibit 1; and providing for an effective date. (SPECIAL EVENTS DIVISION) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-138 S. RESOLUTION: Proposed resolution waiving competitive bidding; approving an agreement between the City of Hialeah and Reflections Productions, Inc, to provide all production and stage services for the City’s yearly Fourth of July Celebration, for a term of three years commencing on July 4, 2024 and ending on July 3, 2027, with the option to renew for two additional one-year terms, in an amount not to exceed $215,000.00 per year; and authorizing the Mayor, or his designee, and the City Clerk, as attesting witness, on behalf of the City, to execute this agreement attached hereto as Exhibit 1 between the City of Hialeah and Reflections Productions, Inc.; and providing for an effective date. (SPECIAL EVENTS DIVISION) APPROVED 6-0-1 with Council Member Rodriguez absent. 5/20/2024 5:21 PM  RESOLUTION NO. 2024-139 T. RESOLUTION: Proposed resolution supporting and adopting the Miami-Dade County 2024 Vision Zero Action Plan; a five-year plan prepared by the Department of Transportation and Public Works (DTPW) aimed to implement policies and infrastructure improvements on identified unsafe roadway to improve safety; providing instructions to the City Clerk; and providing for an effective date. (ZONING) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-140 U. RESOLUTION: Proposed resolution approving the award of Request for Proposal (RFP) 2022- 23-3130-24-001 to Little Scholars, LLC. for the operation of the Children’s General and Specialty Camp Services for an initial term of two (2) years with an option to renew for two (2) additional 1-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 in substantial conformity with the Request for Proposal 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 DIVISION) APPROVED 6-0-1 with Council Member Rodriguez absent. RESOLUTION NO. 2024-141 V. Request from Robyn Curran, on behalf of TNT Fireworks, for permission to install a seasonal fireworks canopy for the sale of fireworks at the Villaverde Shopping Center located at 3100 West 76th Street, Hialeah, Florida 33018, with sales commencing on Thursday, June 20, 2024 and ending on Friday, July 5, 2024, from 9:00 a.m. to 10:00 p.m., subject to compliance with the requirements of the Police Department, Fire Department and the Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Rodriguez absent. W. Request from Jenny Alguera, on behalf of Samurai Fireworks, LLC, for permission to install a seasonal fireworks tent for the sale of fireworks at the company’s location of 2122 West 62nd Street, Hialeah, Florida 33016, with tent setup on Saturday, June 15, 2024, with sales commencing on Thursday, June 20, 2024 and ending on Thursday, July 4, 2024, from 10:00 a.m. to 10:00 p.m., and tent teardown on Saturday, July 6, 2024, subject to compliance with the requirements of the Police Department, Fire Department and the Risk Management Department. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Rodriguez absent. 5/20/2024 5:21 PM  11. ADMINISTRATIVE ITEMS 11A. ORDINANCE: Second reading and public hearing 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 5-1-1 with Council Member Rodriguez absent Council Member Pacheco voting “No”. ORDINANCE NO. 2024-041 REPORT: Council President Tundidor opened the item for public participation and three (3) persons present in the Council Chambers expressed interest in speaking: 1. Juan Santana, 5601 West 10th Avenue, spoke on the item. 2. Eric Johnson, Hialeah Firefighters, Local 1102, spoke on the item. 3. Nancy Novaz, 91 East 31st Street, spoke on the item. Motion to Approve Item 11A made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-1-1 with Council Member Rodriguez absent and Council Member Pacheco voting “NO”. On April 23, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 14, 2024. 11B. ORDINANCE: Second reading and public hearing of proposed ordinance repealing and rescinding Hialeah Ordinance No. 2018-027 (April 16, 2018) granting a Variance Permit to allow the 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 Rodriguez absent. ORDINANCE NO. 2024-042 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. 5/20/2024 5:21 PM  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 Rodriguez absent. On April 23, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 14, 2024. 11C. ORDINANCE: Second reading and public hearing 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 Rodriguez absent and Council Member Pacheco voting “No”. ORDINANCE NO. 2024-043 REPORT: Council President Tundidor opened the item for public participation and one person present in the Council Chambers expressed interest in speaking: REPORT: Juan Santana, 5601 West 10th Avenue, spoke on the item. Motion to Approve Item 11C made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-1-1 with Council Member Rodriguez absent and Council Member Pacheco voting “No”. On April 23, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 14, 2024. 11D. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 62, entitled “Parks and Recreation”, amending §62-1 “Definitions” and §62-2 “Intent” to include prohibition of smoking cannabis, marijuana, or hemp products in all City parks, City recreational facilities, or City public buildings; and imposing penalties in violation of the prohibition; repealing all ordinances or parts of ordinances herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the Code; and providing for an effective date. (SPONSOR: COUNCIL MEMBER PEREZ) (CO-SPONSOR: MAYOR) APPROVED 6-0-1 with Council Member Rodriguez absent. Motion to Approve Item 11D made by Council Member Perez, 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 May 28, 2024. 5/20/2024 5:21 PM  11E. RESOLUTION: Proposed resolution adopting disclosure process provided by the City of Hialeah for its local public officials as shown on “Exhibit A” removing the presumption of prejudice from Ex Parte Communications pursuant to Fla. Stat. 286.0115; and providing for an effective date. (LAW DEPARTMENT) APPROVED 6-0-1 with Council Member Rodriguez absent. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. RESOLUTION NO. 2024-142 Motion to Approve Item 11E made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Rodriguez absent. 11F. License Revocation Hearing to determine if the business tax receipt of La Divina Café, LLC, located at 2725 West 3rd Court, Hialeah, Florida 33010, should be revoked or suspended. (BUSINESS TAX) ITEM IS POSTPONED UNTIL MAY 28, 2024 12. UNFINISHED BUSINESS None reported. 13. NEW BUSINESS REPORT: Council Member Calvo announced his intention to pursue the office of Tax Collector of Miami-Dade County and resign from his position as Council Member for the City of Hialeah. REPORT: Council Member Pacheco spoke regarding the new time schedule of City Council Meetings. REPORT: Council President Tundidor called a recess at 7:28 p.m. REPORT: Council President Tundidor called the meeting to order at 7:34 p.m. 14. LANDUSE 5/20/2024 5:21 PM 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 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 5-0-2 with Council Member Calvo away during roll call and Council Member Rodriguez absent. ORDINANCE NO. 2024-044 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item LU 1 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-0-2 with Council Member Calvo away during roll call and Council Member Rodriguez absent. Council Member Calvo recorded his vote as “Yes” after the motion had passed. On April 23, 2024, the City Council approved the item on first reading. 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 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 5/20/2024 5:21 PM  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. ORDINANCE NO. 2024-045 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: Octavio Santurio, (registered lobbyist), 6262 Southwest 40th Street, addressed the City Council. REPORT: Danilo Quevedo, 5559 Palm Avenue, addressed the City Council. Motion to Approve Item PZ 1 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Rodriguez absent. On April 23, 2024, the item was tabled until May 14, 2024. Second reading and public hearing is scheduled for May14, 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 2. 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 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 5/20/2024 5:21 PM  levels, and allow 1,559 parking spaces where 2,006 parking spaces are required; in contrast toHialeah 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. REPORT: Council President Tundidor, Council Vice President Garcia-Roves, and Council Members Calvo, Pacheco, Perez, and Zogby verbally disclosed having had an ex parte communication with the applicant prior to first reading. APPROVED 5-1-1 with Council Member Pacheco voting “No”, and Council Member Rodriguez absent. ORDINANCE NO. 2024-046 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: Rafael Suarez-Rivas, City Attorney, addressed the City Council. REPORT: Jose Jimenez, 2020 Salzedo Street, (registered lobbyist), addressed the City Council, and presented Power Point which is on file with the Office of the City Clerk. REPORT: Milly Herrera, 4341 East 8th Lane, spoke in opposition to the approval of the proposed ordinance. REPORT: Marie Bryce, 771 East 47th Street, spoke in opposition to the approval of the proposed ordinance. REPORT: Gus Trichell, 85 West 20th Street, spoke in opposition to the approval of the proposed ordinance. REPORT: Debora Storch, Planning and Zoning Official for the City of Hialeah, 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 5-1-1 with Council Member Pacheco voting “No” and Council Member Rodriguez absent. On April 23, 2024, the City Council approved the item on first reading. 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. 5/20/2024 5:21 PM  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 3. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a 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 5-1-1 with Council President Tundidor voting “No”, and Council Member Rodriguez absent. ORDINANCE NO. 2024-047 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: Debora Storch, Planning and Zoning Official for the City of Hialeah, 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 5-1-1 with Council President Tundidor voting “No” and Council Member Rodriguez absent. On April 23, 2024, the City Council approved the item on first reading. 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. 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. 5/20/2024 5:21 PM PZ 4. ORDINANCE: Second reading and public hearing 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 5-1-1 with Council Member Pacheco voting “No”, and Council Member Rodriguez absent. ORDINANCE NO. 2024-048 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: Carlos Diaz, 333 Southeast 2nd Avenue, (registered lobbyist), addressed the City Council, and presented Power Point which is on file with the Office of the City Clerk. Motion to Approve Item PZ 4 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-1-1 with Council Member Pacheco voting “No” and Council Member Rodriguez absent. On April 23, 2024, the City Council approved the item on first reading. 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 5. ORDINANCE: Second reading and public hearing 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. ITEM IS TABLED UNTIL CITY COUNCIL MEETING ON MAY 28, 2024. 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. 5/20/2024 5:21 PM  REPORT: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, addressed the City Council. REPORT: Debora Storch, Planning and Zoning Official for the City of Hialeah, addressed the City Council. Motion to Table Item PZ 5 until the City Council Meeting of May 28, 2024, made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 4-2-1 with Council Members Calvo and Pacheco voting “No” and Council Member Rodriguez absent. On April 23, 2024, the City Council approved the item on first reading. 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 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-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. ITEM IS TABLED UNTIL CITY COUNCIL MEETING ON MAY 28, 2024. 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 Table Item PZ 6 until the City Council Meeting of May 28, 2024, made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 4-2-1 with Council Members Calvo and Pacheco voting “No” and Council Member Rodriguez absent. On April 23, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 14, 2024. 5/20/2024 5:21 PM  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. Property Owner: Puerto Principe Properties, LLC, Blanquizall, LLC, and Adolfo Rodriguez Nuñez, 5801 East 2nd Avenue, Hialeah, Florida 33013. PZ 7. ORDINANCE: Second reading and public hearing 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. APPROVED 6-0-1 with Council Member Rodriguez absent. ORDINANCE NO. 2024-049 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 7 made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Rodriguez absent. On April 23, 2024, the City Council approved the item on first reading. 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. 5/20/2024 5:21 PM PZ 8. 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 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. ITEM IS TABLED UNTIL CITY COUNCIL MEETING ON MAY 28, 2024, PER THE APPLICANT’S REQUEST. 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. Motion to Table Item PZ 8 until the City Council Meeting of May 28, 2024, made by Council Vice President Garcia-Roves, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Rodriguez absent. On April 23, 2024, the City Council approved the item on first reading. 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 9. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Conditional 5/20/2024 5:21 PM  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 5-1-1 with Council President Tundidor voting “No”, and Council Member Rodriguez absent. ORDINANCE NO. 2024-050 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 9 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-1-1 with Council President Tundidor voting “No”, and Council Member Rodriguez absent. On April 23, 2024, the City Council approved the item on first reading. 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 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 10. 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-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 5-1-1 with Council President Tundidor voting “No”, and Council Member Rodriguez absent. ORDINANCE NO. 2024-051 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 10 made by Council Vice President Garcia-Roves, and seconded 5/20/2024 5:21 PM  by Council Member Perez. Motion passes 5-1-1 with Council President Tundidor voting “No”, and Council Member Rodriguez absent. On April 23, 2024, the City Council approved the item on first reading. 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. PZ 11. 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 detached duplex on a substandard lot having a lot width of 60 feet, where 75 feet are required; allow a total area of 7,021.17 square feet, where 7,500 square feet are required; and allow a rear setback of 13 feet, where 25 feet is the minimum required; in contrast to Hialeah Code of Ordinances §98-544, and §98-547; property located at 337-339 Jai Lai Street, Hialeah, zoned R-1 (One-Family District) and legally described herein; repealing all ordinances in conflict herewith; providing penalties for violation here of; 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 11 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 May 28, 2024. On April 24, 2024, the Planning and Zoning Board recommended approval with the condition that the lot is developed according to the submitted plans signed and sealed by Arshad Vigar, P.E. dated February 13, 2024. Planner’s Recommendation: Approval with conditions. Property Owner: Rogelio & Yany Veloz, 614 East 51st Street, Hialeah, Florida 33013. 5/20/2024 5:21 PM PZ 12. ORDINANCE: First reading of proposed ordinance rezoning property from R-1 (One-Family District) to P (Parking); property located at 112 East 14 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. ITEM IS TABLED UNTIL CITY COUNCIL MEETING ON MAY 28, 2024. REPORT: Manny Reus (architect), 18501 Pines Boulevard, Suite 342, registered lobbyist, addressed the City Council, provided additional back up, which is on file with the Office of the City Clerk. Motion to Approve Item PZ 12 made by Council Member Calvo, and seconded by Council Member Zogby. Motion fails with Council Members Zogby, Calvo and Pacheco voting “Yes” and Council Member Perez, Council President Tundidor and Council Vice President Garcia-Roves voting “No”. Motion to Table Item PZ 12 until the City Council Meeting of May 28, 2024, made by Council Member Perez, and seconded by Council Member Zogby. Motion passes 4-2-1 with Council Members Calvo and Pacheco voting “No” and Council Member Rodriguez absent. Registered Lobbyist: Manny Reus (architect), 18051 Pines Boulevard, Suite 342, Pembroke Pines, Florida 33029, on behalf of Jim Var Enterprises, Inc. On April 24, 2024, the Planning and Zoning Board recommended approval with the condition that the property owner proffer a Unity of Title in order for the property to serve as a parking lot for property located at 1425 East 1st Avenue. Planner’s Recommendation: Approval with conditions. Property Owner: Jimar Enterprises, Inc., 15476 Northwest 77th Court, Suite 408, Miami Lakes, Florida 33016. PZ 13. ORDINANCE: First reading of proposed ordinance rezoning property from R-2 (One-and Two- Family District) to B-1 (Highly Restricted Retail District); granting a Variance Permit to allow 6.8% pervious area, where 18% pervious area is the minimum required; in contrast to the tree and lawn requirements by zoning classification specified in the City of Hialeah Landscape Manual dated December 13, 2022; property located at 374 East 12 Street, 398 East 12 Street and 400 East 12 Street, Hialeah, zoned R-2 (One- and Two-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 6-0-1 with Council Member Rodriguez absent. REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council, presented Power Point, which is on file with the Office of the City Clerk. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. 5/20/2024 5:21 PM  REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. Motion to Approve Item PZ 13 made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for May 28, 2024. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf Rincon De San Lazaro, Inc. On April 24, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) Owner must proffer a Unity of Title to ensure lot 10 can function as an ancillary use to the church, (2) Paving and drainage plans, a demolishing permit for the illegal carport, and a landscape and irrigation recertification shall be provided during the building permit process. Planner’s Recommendation: Approval with conditions. Property Owner: Rincon De San Lazaro, Inc., 1190 East 4th Avenue, Hialeah, Florida. Joaquin Gonzalez, 1823 South Bayshore Lane, Miami, Florida 33183. PZ 14. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow a gas station canopy sign of 24.76 square feet, where 9 square feet is the maximum allowed; in contrast to Hialeah Code of Ordinances §74-4; property located at 336 and 398 West 9 Street, Hialeah, zoned C-3 (Extended Liberal 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 6-0-1 with Council Member Rodriguez absent. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. Motion to Approve Item PZ 14 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 May 28, 2024. Registered Lobbyist: Cassandra Antelo, 1745 West 37th Street, Bay 7, Hialeah, Florida 33012, on behalf of 9th Street Crossing LLC. On April 24, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Jassem Setayesh, 9th Street Crossing, LLC., 10755 Sandhill Road Dallas, Texas 75238. PZ 15. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) 5/20/2024 5:21 PM  pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-5 Grade Elementary School with a maximum capacity of 38 students in conjunction with a 52 children daycare; property located at 4100 West 12 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 here of; providing for a severability clause; and providing for an effective date. APPROVED 5-1-1 with Council Member Tundidor voting “No” and Council Member Rodriguez absent. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. Motion to Approve Item PZ 15 made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 5-1-1 with Council Member Tundidor voting “No” and Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for May 28, 2024. On April 24, 2024, the Planning and Zoning Board recommended approval as amended provided the following conditions are met: (1) Provide a Declaration of Restrictive Covenants for the Conditional Use Permit (CUP) including 38 maximum number of school grade students in K and 5th grade school, in conjunction with a maximum of 52 children daycare, (2) Obtain a Change of Use approval within 90 days of Conditional Use Permit (CUP) approval, (3) shopping center property owner to submit an operational parking plan and parking variance to satisfy the parking requirements of the entire shopping center. Planner’s Recommendation: Denial of the parking variance request and approval for the Conditional Use Permit (CUP) request. Property Owner: Big Star Daycare, Inc., 4246 West 12th Avenue, Hialeah, Florida 33012. PZ 16. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-6 grade school with a maximum capacity of 80 students in conjunction with a 76 children daycare; property located at 470 West 49 Street, Unit B, Hialeah, zoned C-2 (Liberal Retail Commercial District) and legally described as attached in Exhibit “A”; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation here of; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council Member Rodriguez absent. REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council, presented Power Point, which is on file with the Office of the City Clerk. Motion to Approve Item PZ 16 made by Council Member Perez, and seconded by Council Member Calvo. Motion passes 6-0-1 with Council Member Rodriguez absent. REPORT: Second reading and public hearing is scheduled for May 28, 2024. 5/20/2024 5:21 PM  Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida 33016, on behalf Children’s Paradise Learning Center, #4, Inc. On April 24, 2024, the Planning and Zoning Board recommended approval provided the following conditions are met: (1) Apply for a building permit including improvements to facilitate school students entrance through the south side of the building, installation of bollards in the perimeter of the playground and in front of the west side glass door, (2) Eliminate daycare drop-off on the west side of the building, (3) Implement school pick-up/drop-off as shown on plans signed and sealed by Carlos Pizarro, R.A. dated November 11, 2023. Planner’s Recommendation: Approval with conditions. Property Owner: Palm Springs Mile Associates, LTD., 295 Mansion Avenue, New York, New York 10017, Children’s Paradise Learning Center, Inc., and Jonaiky Miranda, 470 West 49th Street, Hialeah, Florida 33012. PZ 17. ORDINANCE: First reading of proposed ordinance approving a Final Plat of Ballia’s Village Subdivision; 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 2657 West 2nd Avenue, Hialeah, Florida, 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 17 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 May 28, 2024. On April 24, 2024, the Planning and Zoning Board recommended approval. Planner’s Recommendation: Approval. Property Owner: Harmath, Inc., 9130 Southwest 153 PSGE, Miami, Florida 33196. 16. ADJOURNMENT REPORT: Council President Tundidor adjourned the meeting at 9:20 p.m. NEXT CITY COUNCIL MEETING: Tuesday, May 28, 2024 at 5:30 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: May 28, 2024 at 5:00 p.m. Anyone wishing to obtain a copy of an agenda item should contact the Office of the City Clerk at (305) 5/20/2024 5:21 PM 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). 5/20/2024 5:21 PM