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 28, 2024 5:30 p.m. 1. CALL TO ORDER A. REPORT: Council Vice President Garcia-Roves called the meeting to order at 5:52 p.m. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with Council President Tundidor absent. B. REPORT: 1. Mayor Esteban Bovo, Jr. was present. 2. Marbelys Fatjo, City Clerk, was present. 3. Rafael Suarez-Rivas, City Attorney, was present. 3. INVOCATION A. Marbelys Fatjo, City Clerk, led the invocation. 4. PLEDGE OF ALLEGIANCE A. Council Member Rodriguez led the Pledge of Allegiance. 5. MEETING GUIDELINES 6/5/2024 8:55 AM  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 ). REPORT: Marbelys Fatjo, City Clerk, announced the meeting guidelines. 6. PRESENTATIONS 6A. Personnel of the City’s Parks and Recreation Department provide an update on programming of the Miami Marlins Youth Academy, as well as recognize the coaches and league teams. (DEPARTMENT OF PARKS AND RECREATION) REPORT: William Sanchez, 900 East 56th Street, Director of the City’s Parks and Recreation Department addressed the Mayor and City Council Members. REPORT: Presented by Mirna Vaca and Sharon Johnson, 501 Marlins Way, addressed the Mayor and City Council Members. REPORT: Mayor Bovo recognized the work of the employees of the City’s Parks and Recreation Department. 6B. Debora Storch, the City’s Planning and Zoning Official, provides an update on the progress and activities completed to date for the 2050 Master Plan. 6/5/2024 8:55 AM  (PLANNING AND ZONING) REPORT: Debora Storch, Planning and Zoning Official, addressed the Mayor and City Council Members, as well as provided the City Council with a USB drive storing the presentation. A USB drive containing the presentation is on file with the Office of the City Clerk. 6C. Presentation of a Certificate of Appreciation to Celine Hutchins and Jasmine Martinez, members of the Youth Advisory Committee and high school graduates who will be pursuing their college degree, for their service to the board. (COUNCIL MEMBER PEREZ) REPORT: Celine Hutchins was not present. REPORT: Jasmine Martinez, 645 West 73rd Place, addressed the Mayor and the City Council Members. 6D. Mayor Bovo proclaims May 28, 2024 as Carlos Corrales Day in Hialeah. REPORT: The proclamation was presented by Mayor Bovo. 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: Fourteen (14) members of the public present in the Council Chambers expressed interest in speaking during the Comments and Questions of the meeting. 1) Andre Gonzalez (registered speaker), 45 East 11th Street, spoke regarding the increase of livestock throughout the City of Hialeah.  Mayor Bovo responded. 2) Frank De La Paz (registered speaker), 11000 Southwest 104th Street, opined regarding registering to speak to address the Mayor and Comments during comments and questions, and spoke regarding item PZ 13. 3) Lourdes S. Fontes (registered speaker), 1990 West 56th Street, spoke regarding the traffic impact to West 49th Street due to the recently approved new development at Westland Mall.  Mayor Bovo responded. 6/5/2024 8:55 AM   Debora Storch, Planning and Zoning Official, responded. 4) Juan Santana (registered speaker), 5601 West 10th Avenue, spoke regarding potential impact studies for new developments, the City of Hialeah Educational Academy, and affordable housing. 5) Leonardo Acosta (registered speaker), 7665 West 12th Avenue, Pastor of Iglesia de Dios, spoke in opposition to the approval of items LU 1, PZ 11, and PZ 12. 6) Jose Azze (registered speaker), 788 Southeast Park Drive, spoke regarding livestock in the City of Hialeah, commended the Chief of Police for the officers going to the Blanch Morton Center, and encouraged the City Council Members to visit the Blanch Morton. 7) Carmen Montejo (registered speaker), 165 East 11th Street, spoke in opposition to the approval of items LU 1, PZ 11, and PZ 12. 8) Christopher Monzon (registered speaker), 7540 West 20th Avenue, spoke regarding how the quality of life of the residents is being impacted by the new developments. 9) Enrique Alfonso (registered speaker), 663 East 61st Street, spoke in opposition to the approval of items LU 1, PZ 11, and PZ 12. 10) Omar Linares (registered speaker), 175 West 19th Street, spoke regarding a code violation that he received.  Mayor Bovo, responded. 11) Jose Pacheco (registered speaker), 2155 West 52nd Street, spoke in opposition to the approval of items LU 1, PZ 11, and PZ 12. 12) Milly Herrera (non-registered speaker), 4341 East 8th Lane, opined regarding registering to speak to address the Mayor and City Council Members during comments and questions, property taxes, and the residents of 25th Street. 13) Robert Diaz (non-registered speaker), 1720 West 60th Street, Apt. 1, spoke regarding traffic and new developments throughout the City of Hialeah. 14) Nancy Reyes (non-registered speaker), 185 East 11th Street, spoke in opposition to the approval of items LU 1, PZ 11, and PZ 12. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  Item 11B is postponed until the City Council Meeting of June 11, 2024. 6/5/2024 8:55 AM   Item PZ 10 is postponed until the City Council Meeting of June 11, 2024, per the applicant’s request. 9. BOARD APPOINTMENTS 9A. RESOLUTION: Proposed resolution appointing Gelien Perez 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 09, 2025. (MAYOR) APPROVED 6-0-1 with Council President Tundidor absent. RESOLUTION NO. 2024-143 Motion to Approve Item 9A made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 6-0-1 with Council President Tundidor absent. 10. CONSENT AGENDA All items listed u n d e r C o n s e n t A g e n d a with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. REPORT: Council Member Pacheco requested separate discussion on Consent Item M. REPORT: Motion to Approve the Consent Agenda, except item M, made by Council Member Rodriguez, and seconded by Council Member Perez. Motion passes 6-0-1 with Council President Tundidor absent. A. Request permission to approve the minutes of the City Council Meeting held on May 14, 2024 at 5:30 p.m. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council President Tundidor absent. B. Request from Frank Diaz, on behalf of Fly High Fireworks, for permission to install a seasonal fireworks tent for the sale of fireworks at 5350 West 16th Avenue, Hialeah, Florida 33012, with sales commencing on Wednesday, June 26, 2024 and ending on Thursday, July 4, 2024, from 10:00 a.m. to 10:00 p.m., subject to compliance with the requirements of the Police Department, Fire Department and the Risk Management Department. 6/5/2024 8:55 AM  (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council President Tundidor absent. C. RESOLUTION: Proposed resolution providing for exception to bid in the form of a sole source provider; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to increase purchase order 2024-1276 by $90,000.00, issued to The McClatchy Company, LLC, doing business as The Miami Herald, for the service of publishing the City’s official legal advertisements and public notices; approving the expenditure in an amount not to exceed $115,000.00; and providing for an effective date. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council President Tundidor absent. RESOLUTION NO. 2024-144 D. 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 Nita M Lowey 21st CCLC Grant for the Young Leaders with Character (YLC) Program and approving to increase purchase order in the amount not to exceed $1,770.00 for a cumulative total of $35,520.00 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 summer programming and providing for an effective date. (DEPARTMENT OF PARKS AND RECREATION – EDUCATION AND COMMUNITY SERVICES DIVISION) APPROVED 6-0-1 with Council President Tundidor absent. RESOLUTION NO. 2024-145 E. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, 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 Creative Learning and Play (CL&P) Program and approving to increase purchase order in the amount not exceed $11,760.00 for a cumulative total of $47,280.00 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 summer programming and providing for an effective date. (DEPARTMENT OF PARKS AND RECREATION – EDUCATION AND COMMUNITY SERVICES DIVISION) APPROVED 6-0-1 with Council President Tundidor absent. RESOLUTION NO. 2024-146 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 6/5/2024 8:55 AM  awarded to the City of Hialeah Education and Community Services Division, as a participating agency, by the Community Development Block Grant (CDBG) for the Step Ahead Social Enrichment Program and approving to increase purchase order in the amount not exceed $26,970.00 for a cumulative total of $74,250.00 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 summer programming and providing for an effective date. (DEPARTMENT OF PARKS AND RECREATION – EDUCATION AND COMMUNITY SERVICES DIVISION) APPROVED 6-0-1 with Council President Tundidor absent. RESOLUTION NO. 2024-147 G. 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, Inc., in the amount not to exceed $365,024.00, for the purchase of fifty (50) 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 execute any documents in furtherance thereof; and approve that the expenditure of the cost referenced equipment be from the Law Enforcement Trust Fund Federal (LETF) upon such costs having been approved by the Chief of Police; and approve a supplemental appropriation in the amount of $46,536.00 for the expenditure; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-0-1 with Council President Tundidor absent. RESOLUTION NO. 2024-148 H. RESOLUTION: Proposed resolution approving the selection of Municipal Equipment Company, LLC (vendor) for the purchase of thermal imaging cameras to be utilized by the Hialeah Fire Department in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) #2023-24-2000-00-29, attached hereto and made a part hereof as “Exhibit A”; 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 referenced vendor in an amount not to exceed $111,000.00 for the purchase of twenty-four (24) thermal imaging cameras; 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 President Tundidor absent. RESOLUTION NO. 2024-149 I. RESOLUTION: Proposed resolution accepting the invitation for bids response for Invitation for Bid (IFB) 2023-24-2000-00-30 for the purchase of battery powered hydraulic power tools; 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 Rescue Systems Unlimited LLC. (vendor) in an amount not to exceed $312,090.00, for the purchase of battery powered hydraulic extraction tools, and delivery, 6/5/2024 8:55 AM  and training services; and in substantial conformity with the attached IFB 2023-24-2000-00- 030;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 6-0-1 with Council President Tundidor absent. RESOLUTION NO. 2024-150 J. RESOLUTION: Proposed resolution accepting the invitation for bids response for Invitation for Bid (IFB) 2023-24-8325-00-023 for the General Contractor -S.H.I.P. RL. Mijares; 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 $75,152.66 which includes a 10% contingency fee, for the General Contractor – S.H.I.P. RL. Mijares; and in substantial conformity with the attached IFB 2023-24-8325-00-023, 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 6-0-1 with Council President Tundidor absent. RESOLUTION NO. 2024-151 K. RESOLUTION: Proposed resolution accepting the invitations for bids response for Invitation for Bid (IFB) 2023-24-3230-00-020 for elevator modernization work at the Hialeah Police Administration Building; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order to Maverick United Elevator, LLC. (the vendor) in an amount not the exceed $152,900.00 which includes a 10% contingency, for the elevator modernization work at the Hialeah Police Administration Building, and in substantial conformity with the attached IFB 2023-24-3230-00-020, 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 6-0-1 with Council President Tundidor absent. RESOLUTION NO. 2024-152 L. RESOLUTION: Proposed resolution accepting the invitations for bids response for Invitation for Bid (IFB) 2023-24-2000-00-033 for the purchase of custom-built pumper fire apparatus; 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 REV RTC, Inc. d.b.a. Hall-Mark RTC. (the vendor) in an amount not the exceed $835,543.00, for the purchase of custom-built pumper fire apparatus, and in substantial conformity with the attached IFB 2023-24-2000-00-033, 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. 6/5/2024 8:55 AM  (PURCHASING DIVISION) APPROVED 6-0-1 with Council President Tundidor absent. RESOLUTION NO. 2024-153 M. RESOLUTION: Proposed resolution re-appointing Eugene M. Steinfeld as Special Master to conduct administrative hearings on code violations for the City of Hialeah, Florida, pursuant to the code enforcement procedures set forth in Chapter 22, Article III, of the Hialeah Code, assume all powers authorized by Hialeah Code § 22-186(k), and serve a term commencing on June 1, 2024 and ending on May 31, 2025, at an hourly rate to be established by administrative order of the Mayor; and providing for an effective date. (CODE ENFORCEMENT DIVISION) (BUILDING DIVISION) APPROVED 4-2-1 with Council Members Calvo and Pacheco voting “No”, and Council President Tundidor absent. RESOLUTION NO. 2024-154 REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Mayor Bovo spoke on the item. Motion to Approve Consent Item M made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 4-2-1 with Council Member Tundidor absent and Council Members Calvo and Pacheco voting “NO”. 11. ADMINISTRATIVE ITEMS 11 A. ORDINANCE: Second reading and public hearing 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 President Tundidor absent. ORDINANCE NO. 2024-052 REPORT: Council Vice President Garcia-Roves opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. 6/5/2024 8:55 AM  Motion to Approve Item 11 A made by Council Member Perez, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council President Tundidor absent. On May 14, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 28, 2024. 11 B. 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 DIVISION) ITEM IS POSTPONED UNTIL THE CITY COUNCIL MEETING OF JUNE 11, 2024, per the request of the attorney representing La Divina Café. On May 14, 2024 the item was postponed until May 28, 2024. 11 C. ORDINANCE: First reading of proposed ordinance amending Chapter 26, entitled “Code of Ethic”, Article II, entitled “City Officers and Employees”, of the Code of Ordinances of the City of Hialeah, and in particular, by amending Code Section 26-36, entitled “Financial Disclosure”, to provide use of the Miami-Dade County disclosure form; repealing all ordinances or parts of ordinances in conflict herewith; providing for inclusion in the Code; providing for a severability clause; and providing for an effective date. (ADMINSTRATION) APPROVED 5-0-2 with Council Member Calvo away during roll call, and Council President Tundidor absent. Motion to Approve Item 11 C made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 5-0-2 with Council Member Calvo away during roll call, and Council President Tundidor absent. Council Member Calvo recorded his vote as “Yes” after the Motion to Approve passed. REPORT: Second reading and public hearing is scheduled for June 11, 2024. 11 D. ORDINANCE: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 74 entitled “Signs” Article III. “Regulations”, Division 1. “Generally,” § 74-146 “Prohibited Signs and Sign Devices”; and creating § 74-151 “Additional Billboards”; repealing all ordinances or parts of ordinances in conflict herewith; providing 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 4-2-1 with Council Members Calvo and Pacheco voting “No”, and Council President Tundidor absent. REPORT: Rafael Suarez- Rivas spoke on the item. Motion to Approve Item 11 D made by Council Member Zogby, and seconded by Council 6/5/2024 8:55 AM  Member Rodriguez. Motion passes 4-2-1 with Council Members Calvo and Pacheco voting “NO”, and Council President Tundidor absent. REPORT: Second reading and public hearing is scheduled for June 11, 2024. On May 15, 2024, the Planning and Zoning Board recommended approval. 11E. ORDINANCE: First reading of proposed ordinance amending Chapter 2, entitled “Administration”, Article IV, entitled “Purchasing and Competitive Bidding”, Division 2. entitled “Competitive Bidding Procedure” as follows: by amendment to Section 2-812 to prescribe current “Minimum Bid” amounts as set forth herein; by enactment of a new Section 2-812.1 entitled “Small Purchases” prescribing procurement procedures for purchases under $65,000.00 (general) and $100,000.00 (construction); enactment of a new Section 2-812.2 entitled “Unauthorized Purchases”; enactment of a new section 2-812.3 entitled “Emergency Purchase Procedures” prescribing procedures for such purchases; amending Section 2-817 entitled “Exceptions to Bid” by adding additional exceptions; and the enactment of a new section 2-826 entitled “Public-Private Partnerships; Unsolicited Proposals” setting forth definitions and procedures for public-private partnerships (“P3S”) and unsolicited proposals; providing for no protests; providing for a limited bid/publication waiver in certain instances; providing for intended included and excluded projects; providing for applicability period; providing for a severability clause; repealing all ordinances in conflict herewith; providing for a penalty; providing for codification in the City Code; and providing for an effective date. (PURCHASING DIVISION) APPROVED 6-0-1 with Council President Tundidor absent. Motion to Approve Item 11 E made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council President Tundidor absent. REPORT: Second reading and public hearing is scheduled for June 11, 2024. 11 F. ORDINANCE: First reading of proposed ordinance accepting the dedication of land improved with a pump station of approximately 2,695 square feet, subject to and approving the terms of the Special Warranty Deed attached as Attachment “1”, from Relp Beacon Logistics, a Delaware Limited Liability Company; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (ADMINISTRATION) APPROVED 6-0-1 with Council President Tundidor absent. Motion to Approve Item 11 F made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council President Tundidor absent. REPORT: Second reading and public hearing is scheduled for June 11, 2024. 11 G. ORDINANCE: First reading of proposed ordinance accepting the dedication of land improved with a pump station of approximately 756 square feet, subject to and approving the terms of the Special Warranty Deed attached as Attachment “1”, from Relp Beacon Logistics, a Delaware Limited Liability Company; repealing all ordinances or parts of ordinances in conflict herewith; 6/5/2024 8:55 AM  providing for a severability clause; and providing for an effective date. (ADMINISTRATION) APPROVED 6-0-1 Council President Tundidor absent. Motion to Approve Item 11 G made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council President Tundidor absent. REPORT: Second reading and public hearing is scheduled for June 11, 2024. 11 H. ORDINANCE: First reading of proposed ordinance amending the Hialeah “Land Development Code”, “Regulation No. 7 “Sign Regulation”; § 7-3 “Prohibited Signs and Sign Devices”; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties in violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (PLANNING AND ZONING DIVISION) APPROVED 4-2-1 with Council Members Calvo and Pacheco voting “NO”, and Council President Tundidor absent. Motion to Approve Item 11 H made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 4-2-1 with Council Members Calvo and Pacheco voting “No”, and Council President Tundidor absent. REPORT: Second reading and public hearing is scheduled for June 11, 2024. On May 15, 2024, the Planning and Zoning Board recommended approval. 12. UNFINISHED BUSINESS None reported. 13. NEW BUSINESS 13 A. DISCUSSION ITEM: Update from the Planning and Zoning Division regarding the implementation of a shared parking policy for affordable housing developments. (PLANNING AND ZONING DIVISION) REPORT: Debora Storch, Planning and Zoning Official, addressed the Mayor and Council. REPORT: Council Member Rodriguez, thanked all the City department directors for assisting the City Council Members in providing service to the residents. REPORT: Council Member Calvo spoke regarding the visit of the Cuban Delegation to the 6/5/2024 8:55 AM  Miami International Airport, and expressed his opposition to the approval of item PZ 13 on today’s agenda.  REPORT: Motion directing the Law Department to draft a resolution regarding events such as the recent visit of the Cuban Delegation to the Miami International Airport, and for the City to conduct a review of businesses such as CubaMax to assure that these types of businesses do not obtain concessions from the City of Hialeah, made by Council Member Calvo, and seconded by Council Member Pacheco. Motion passes 6-0-1 with Council President Tundidor absent. REPORT: Council Member Pacheco requested that the behavior during board meetings of members of the City’s Planning and Zoning Board be reviewed, as well as spoke on the vacancy on the City Council effective November 1, 2024.  REPORT: Rafael Suarez-Rivas, responded to Council Member Pacheco. 14. LANDUSE REPORT: All were duly sworn in by Marbelys Fatjo, City Clerk. LU 1. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map from Major Institutions to Medium-Density Residential; property located at 1098 East 1 Avenue, 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 JUNE 11, 2024. Motion to Approve Item LU 1 made by Council Member Zogby, and seconded by Council Member Calvo. Motion fails 3-3-1 with Council Members Pacheco, Perez, and Rodriguez voting “NO” and Council President Tundidor absent. REPORT: Alejandro J. Arias, registered lobbyist, addressed the City Council and presented a PowerPoint which is on file with the Office of the City Clerk. Motion to Table Item LU 1 until the City Council Meeting of June 11, 2024, made by Council Member Calvo, and seconded by Council Member Zogby`. Motion passes 6-0-1 with Council President Tundidor absent. REPORT: First reading is scheduled for June 11, 2024. Registered Lobbyist: Hugo P. Arza, Alejandro J. Arias, Alessandria San Roman and Erica C. Adams, on behalf of Prestige Builders Construction Management, LLC. On May 15, 2024, the Planning and Zoning Board recommended approval. 6/5/2024 8:55 AM  Planner’s Recommendation: Approve the land use amendment. Property Owner: Iglesia Cristiana Vida, Inc., 1098 East 1st Avenue 15. ZONING PLANNING AND ZONING REPORT: Item PZ 11 and PZ 12 were considered out of the order of the agenda and heard before PZ 1, per Council Vice President Garcia-Roves' direction, with no opposition from the rest of the City Council. PZ 1. 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. APPROVED 6-0-1 with Council President Tundidor absent. ORDINANCE NO. 2024-053 REPORT: Council Vice President Garcia-Roves 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 and presented a PowerPoint, which is on file with the Office of the City Clerk. Motion to Approve Item PZ 1 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council President Tundidor absent. On May 14, 2024, the City Council tabled the item until May 28, 2024. Second reading and public hearing is scheduled for May 28, 2024. 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. 6/5/2024 8:55 AM  Property Owner: Sweetwater 69, LLC and Adolfo Nunez Rodriguez, 1171 West 69th Place, Hialeah, Florida 33014. 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 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. APPROVED 6-0-1 with Council President Tundidor absent. ORDINANCE NO. 2024-054 REPORT: Council Vice President Garcia-Roves 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 Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council President Tundidor absent. On May 14, 2024, the City Council tabled the item until May 28, 2024 . Second reading and public hearing is scheduled for May 28, 2024. 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 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 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 K-5 grade elementary school within a shopping plaza with a maximum capacity of 112 students, in 6/5/2024 8:55 AM  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 6-0-1 with Council President Tundidor absent. ORDINANCE NO. 2024-055 REPORT: Council Vice President Garcia-Roves 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 Approve Item PZ 3 made by Council Member Calvo, and seconded by Council Member Perez. Motion passes 6-0-1 with Council President Tundidor absent. On May 14, 2024, the City Council tabled the item until May 28, 2024, per the applicant’s request. Second reading and public hearing is scheduled for May 28, 2024. 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 4. ORDINANCE: Second reading and public hearing of proposed ordinance rezoning property from R-1 (One-Family District) to R-2 (One – and Two-Family Residential District); granting a Variance Permit to allow the construction of a new detached duplex on a substandard lot having a 6/5/2024 8:55 AM  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 hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council President Tundidor absent. ORDINANCE NO. 2024-056 REPORT: Council Vice President Garcia-Roves opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ 4 made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 6-0-1 with Council President Tundidor absent. On May 14, 2024, the City Council approved the item on first reading. 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. PZ 5. ORDINANCE: Second reading and public hearing 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 President Tundidor absent. ORDINANCE NO. 2024-057 REPORT: Council Vice President Garcia-Roves 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 Approve Item PZ 5 made by Council Member Zogby, and seconded by Council 6/5/2024 8:55 AM  Member Rodriguez. Motion passes 6-0-1 with Council President Tundidor absent. On May 14, 2024, the City Council approved the item on first reading. 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 6. ORDINANCE: Second reading and public hearing 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 President Tundidor absent. ORDINANCE NO. 2024-058 REPORT: Council Vice President Garcia-Roves 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, addressed the City Council. Motion to Approve Item PZ 6 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council President Tundidor absent. On May 14, 2024, the City Council approved the item on first reading. 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 6/5/2024 8:55 AM  75238. PZ 7. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-5 Grade elementary school with a maximum capacity of 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 hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council President Tundidor absent. ORDINANCE NO. 2024-059 REPORT: Council Vice President Garcia-Roves 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 Calvo, and seconded by Council Member Perez. Motion passes 6-0-1 with Council President Tundidor absent. On May 14, 2024, the City Council approved the item on first reading. 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 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 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 hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council President Tundidor absent. ORDINANCE NO. 2024-060 REPORT: Council Vice President Garcia-Roves opened the item for public participation and no 6/5/2024 8:55 AM  one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ 8 made by Council Member Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council President Tundidor absent. On May 14, 2024, the City Council approved the item on first reading. 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 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 9. ORDINANCE: Second reading and public hearing 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 President Tundidor absent. ORDINANCE NO. 2024-061 REPORT: Council Vice President Garcia-Roves 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 Rodriguez, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council President Tundidor absent. Registered Lobbyist: Abraham Hadad, 1985 Northwest 88th Court, Suite 101, Doral, Florida 33172 on behalf of Harmath, Inc. On May 14, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for May 28, 2024. On April 24, 2024, the Planning and Zoning Board recommended approval. 6/5/2024 8:55 AM  Planner’s Recommendation: Approval. Property Owner: Harmath, Inc., 9130 Southwest 153 PSGE, Miami, Florida 33196. PZ 10. 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 POSTPONED UNTIL THE CITY COUNCIL MEETING OF JUNE 11, 2024, PER THE APPLICANT’S REQUEST. On May 14, 2024, the City Council tabled the item until May 28, 2024. First reading is scheduled for May 28, 2024. 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 11. ORDINANCE: First reading of proposed ordinance amending the existing Declaration of Restrictive Covenants and Unity of Title recorded in Official Public Records of Miami-Dade County in order to release a restriction on the property which limits the utilization of the property as a religious institution; property located at 1098 East 1st Avenue, 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; providing for inclusion in the Code; and providing for an effective date. ITEM IS TABLED UNTIL CITY COUNCIL MEETING ON JUNE 11, 2024. Motion to Table Item PZ 11 until the City Council Meeting of June 11, 2024, made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 6-0-1 with Council President Tundidor absent. REPORT: First reading is scheduled for June 11, 2024. Registered Lobbyist: Hugo P. Arza, Alejandro J. Arias, Alessandria San Roman and Erica C. Adams, on behalf of Prestige Builders Construction Management, LLC. On May 15, 2024, the Planning and Zoning Board recommended approval. 6/5/2024 8:55 AM  Planner’s Recommendation: Approval. Property Owner: Iglesia Cristiana Vida, Inc., 1098 East 1st Avenue. PZ 12. ORDINANCE: First reading of proposed ordinance rezoning property from R-2 (One-and Two- Family Residential District) to R-3-1 (Multiple-Family District) and 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 in relation to a proposed mixed-use development including 27 residential units and 488 square feet of commercial space; granting a Variance Permit to allow residential use on the ground floor, where residential use is only allowed above the ground floor; allow 27 units with areas ranging from 488 square feet to 626 square feet, where only 10% of residential units may have a minimum area of 600 square feet; waive the building mass and building frontage development standards to allow street frontage of 135 feet facing East 1 Avenue and 150 facing East 11 Street, where minimum street frontage of 200 feet is required; allow a rear setback of 10 feet, where 15 feet are required; allow 30 parking spaces, where 61 parking spaces are required; and allow 28.5% previous area, where 30% previous area is required; in contrast to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.8, 98-1630.3(e)(2), 98-2189(16)(a) and 98.2056(b)(2); properties located at 1098 East 1st Avenue, 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 JUNE 11, 2024. Motion to Table Item PZ 12 until the City Council Meeting of June 11, 2024, made by Council Member Calvo, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member Rodriguez away during roll call, and Council President Tundidor absent. REPORT: First reading is scheduled for June 11, 2024. Registered Lobbyist: Hugo P. Arza, Alejandro J. Arias, Alessandria San Roman, and Erica C. Adams on behalf of Prestige Builders Construction Management, LLC. On May 15, 2024, the Planning and Zoning Board recommended approval subject to the following conditions: (1) The right-of-way will be converted into on-street parking, thereby increasing the parking capacity. (2) Each residential unit will have secure at least one parking space and the commercial space would benefit from the remaining three parking spaces and the on-street parking area created by this project. (3) The landscaping provided is to enhance the sidewalk along East 11th Street and East 1st Avenue. (4) The project shall be developed in accordance with the plans submitted along with this application, prepared by Alberto O. Gonzalez, Architect, received on April 23, 2024. (5) The updated set of plans includes a domino’s plaza, three pieces of art, a dog park, and an improved corner detail with an art mural. These improvements are imperative to reach the required incentives to increase the density of the project. (6) The applicant is to enter into a Declaration of Restrictions for the Special Use Permit. 6/5/2024 8:55 AM  (7) The project shall provide an exterior color palette before the City Council Meeting. Planner’s Recommendation: Approval with conditions. Property Owner: Iglesia Cristiana Vida, Inc., 1098 East 1st Avenue. PZ 13. ORDINANCE: First reading of proposed ordinance granting a Variance Permit to allow an LED Pylon Sign outside of the geographic area where LED signs are allowed; and allow a distance of 120 feet from residential properties, where LED signs shall be placed at a distance no less than a 300 foot radius from residential properties; in contrast to Hialeah Code of Ordinances, Land Development Code §7-12(b) and §7-12(e); property located at 4380 West 12 Avenue, Hialeah, zoned C-3 (Extended 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 severability clause; and providing for an effective date. DENIED 6-0-1 with Council President Tundidor absent. Motion to Deny Item PZ 13 made by Council Member Zogby, and seconded by Council Member Perez. Motion passes 6-0-1 with Council President Tundidor absent. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. Registered Lobbyist: Diana R. Garcia, 1446 West 43rd Place, Hialeah, Florida 33012 on behalf of Cubamax Travel, Inc. On May 15, 2024, the Planning and Zoning Board recommended approval subject to the following conditions: (1) The business owner shall develop the property in accordance to the plans submitted by Jose E. Polanco signed and sealed on April 19, 2024 which reflect the removal of excess signages (wood panel signs and all the flags). (2) Installation of twenty-seven new canopy trees. (3) Legalization of the southwest parking lot area with proper drainage. Planner’s Recommendation: Approval with conditions. Property Owner: Jose L. Caballero, 7533 Lochness Drive, Miami Lakes, Florida 33014. PZ 14. 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 44 students in conjunction with a 75 children daycare; a Variance Permit to allow 18 parking spaces, where 48 parking spaces are required and allow 7 of those parking spaces to back out into the street, where backout parking is not allowed, in contrast to Hialeah Code of Ordinances §98-2189(9) and §9-3(3) titled Traffic Flow and Vehicle Parking of the Land Development Code. Property located at 499 East 21 Street, Hialeah, zoned R-3 (Multiple- Family District) legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Council Member Perez away during roll call, and Council President Tundidor absent. 6/5/2024 8:55 AM  Motion to Approve Item PZ 14 made by Council Member Zogby, and seconded by Council Member Calvo. Motion passes 5-0-2 with Council Member Perez away during roll call, and Council President Tundidor absent. Council Member Perez recorded her vote as “Yes” after the Motion to Approve passed. REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council with a Power Point Presentation which is on file with the Office of the City Clerk. REPORT: Second reading and public hearing is scheduled for June 11, 2024. Registered Lobbyist: Ceasar Mestre, Esq., on behalf of Cabriza Machado, LLC. On May 15, 2024, the Planning and Zoning Board recommended approval subject to the following conditions: (1) Obtain a Change of Use approval before the 2024-2025 school opening. (2) Provide a Declaration of Restrictions for the Conditional Use Permit, including forty- four maximum number of students in K-1st grade school in conjunction with a 75- children daycare. (3) Obtain all required building permits to implement improvements as shown on the Site Plan dated March 27, 2024 signed and sealed by Jose A. Martinez, PE, in addition to install bollards in the perimeter of the playgrounds. All these improvements are to be completed before the 2024-2025 school year. (4) All children are to be dropped off and picked up as shown on the plans. Planner’s Recommendation: Approval with conditions. Property Owners: Christopher Camejo, 499 East 21st Street, Hialeah, Florida and Jorge Luis Machado, 16451 Northwest 84th Avenue, Miami Lakes, Florida. PZ 15. 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 (NBD) overlay in relation to a proposed mixed-use development including 21 residential units and approximately 2,050 square feet of commercial space; granting a Variance Permit to allow 3 residential units with an area of 593 square feet, where only 10% of residential units may have a minimum area of 600 square feet; waive the building mass and building frontage developments standards to allow a site area of 13,500 square feet with a street frontage 135 feet where a minimum site area of 20,000 square feet and a minimum street frontage of 200 feet is required; and allow 10.71% pervious area, where 30% pervious area is required; in contrast to Hialeah Code of Ordinances §§ 98-1630.2, 98-1630.8, and 98.2056(b)(2); properties located at 805 Palm Avenue and 22 East 8 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 6-0-1 with Council President Tundidor absent. Motion to Approve Item PZ 15 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council President Tundidor absent. 6/5/2024 8:55 AM  REPORT: Ceasar Mestre, 8105 Northwest 155th Street, registered lobbyist, addressed the City Council with a Power Point presentation, which is on file with the Office of the City Clerk. REPORT: Daniel Alonso, 1245 Coral Way, architect, presented a PowerPoint via Zoom. REPORT: Second reading and public hearing is scheduled for June 11, 2024. Registered Lobbyist: Ceasar Mestre, Esq., on behalf of 11 E 8 ST LLC. On May 15, 2024, the Planning and Zoning Board recommended approval subject to the following conditions: (1) Provide a Declaration of Restrictions and a Unity of Title for the two parcels that will reflect the cost estimate and construction schedule. (2) The project shall be developed according to the plans prepared by OA Architecture signed and sealed by Daniel Alonso dated November 13, 2023. Planner’s Recommendation: Approval with conditions. Property Owners: 11 E 8 ST LLC, CEMC Holdings, LLC, Carlos Perez, and Marlen Morales, 3695 Northwest 74th Street, Hialeah, Florida 33016. PZ 16. ORDINANCE: First reading of proposed ordinance approving a final plat of 7-Eleven Hialeah Okeechobee and Eighteenth; 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 333 West Okeechobee Road, Hialeah, Florida, and legally described in Exhibit “A”; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 6-0-1 with Council President Tundidor absent. Motion to Approve Item PZ 16 made by Council Member Zogby, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council President Tundidor absent. REPORT: Second reading and public hearing is scheduled for June 11, 2024. Registered Lobbyist: Jane Storms, 5381 Nob Hill Road, Sunrise, Florida 33351 on behalf of Mr. Harry Harley. On May 15, 2024, the Planning and Zoning Board recommended approval. Property Owner: Harry T. Hurley Trustee, 449 Sunset Drive, Hallandale, Florida 33009. 16. ADJOURNMENT 6/5/2024 8:55 AM  REPORT: Council Vice President Garcia-Roves adjourned the meeting at 9:24 p.m. NEXT CITY COUNCIL MEETING: Tuesday, June 11, 2024 at 5:30 p.m. Anyone wishing to obtain a copy of an agenda item should contact the Office of the City Clerk at (305) 883-5820 or visit at 501 Palm Avenue, 3rd Floor, Hialeah, Florida, between the hours of 8:30 a.m. and 5:00 p.m. Persons wishing to appeal any decision made by the City Council, with respect to any matter considered at the meeting, will need a record of the proceedings and, for such purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. An ordinance or resolution shall become effective when passed by the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor’s signature is withheld or if the City Council overrides the Mayor’s veto. If the Mayor’s veto is sustained, the affected ordinance or resolution does not become law and is deemed null and void. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 883- 5820 for assistance no later than two (2) days prior to the proceeding; if hearing impaired you may telephone the Florida Relay Service at (800) 955-8771 (TDD), (877) 955-8773 (Spanish) or (800) 955-8770 (Voice). 6/5/2024 8:55 AM