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 June 11, 2024 5:30 p.m. 1. CALL TO ORDER A. REPORT: Council President Tundidor called the meeting to order at 5:40 p.m. B. REPORT: Council President Tundidor announced that Items LU 1, PZ 5, and PZ 6 would be postponed until June 25, 2024, the date of the next City Council Meeting. 2. ROLL CALL A. REPORT: Marbelys Fatjo, City Clerk, called the roll with Council Member Perez absent. REPORT: Council Member Pacheco was not present during the roll call, but arrived at 5:52 p.m. during Presentation Item 6B. REPORT: Council Member Calvo was not present during roll call, but arrived at 6:13 p.m. during the Comments and Questions portion of the agenda. 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. 6/19/2024 9:27 AM  4. PLEDGE OF ALLEGIANCE A. Council Member Zogby led the Pledge of Allegiance. 5. MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes.  The public can view public meetings on the City’s YouTube page (www.youtube.com/cityofhialeahgov ). REPORT: Marbelys Fatjo, City Clerk, announced the meeting guidelines. 6. PRESENTATIONS A. The Hialeah Fire Department presents an award to Dr. Keroff in recognition of over 25 years of service to the department as the Medical Director. (FIRE DEPARTMENT) REPORT: Item 6A was postponed until Dr. Keroff arrived. 6/19/2024 9:27 AM  REPORT: Item 6A was presented at 6:42 p.m., prior to the consideration of the items on the Consent portion of the agenda. REPORT: Willians Guerra, Chief of the Hialeah Fire Department spoke. REPORT: Dr. Keroff spoke. REPORT: Mayor Bovo spoke. B. The City of Hialeah recognizes City employees for twenty-five (25) years of service: 1. Nancy Alvarado, Fleet and Maintenance Department 2. Joseph DiPrieto, Police Department 3. Iris Crusoe, Police Department 4. Daniel Cruz, Fire Department 5. Osniedys Castillo, Fire Department 6. Albert Martinez, Fire Department 7. Michael Osorio, Fire Department 8. Lazaro Mendez, Construction and Maintenance Department 9. David Fernandez, Marketing and Sponsorship (HUMAN RESOURCES DEPARTMENT) REPORT: Mayor Bovo recognized each employee. REPORT: Nancy Alvarado and Lazaro Mendez were not present. C. The City of Hialeah recognizes Rodolfo Bello of the Hialeah Police Department for thirty (30) years of service. (HUMAN RESOURCES DEPARTMENT) REPORT: George Fuente, Chief of the Hialeah Police Department, spoke. D. Jorge Martinez, Director of the City of Hialeah Construction and Maintenance Department, provides an update on completed and forthcoming projects. (CONSTRUCTION AND MAINTENANCE) REPORT: Mayor Bovo spoke on the item. 7. COMMENTS AND QUESTIONS A. REPORT: No member of the public participating via Zoom expressed interest in making comments or posing questions on matters of public concern. B. REPORT: Seven (7) members of the public present in the Council Chambers expressed interest 6/19/2024 9:27 AM  in speaking during the Comments and Questions of the meeting. 1) Christopher Monzon (registered speaker), 7540 West 20th Avenue, expressed support towards having a special election this November to fill the vacancy created by Council Member Calvo’s resignation.  REPORT: Council Member Pacheco addressed the Rafael Suarez-Rivas, City Attorney, regarding the possibility of having a special election this November to fill the vacancy created by Council Member Calvo’s resignation.  REPORT: Rafael Suarez-Rivas responded citing the Resign to Run law, Section 99.012 of the Florida Statutes.  REPORT: Council Member Pacheco motioned for the Law Department to draft an ordinance calling for a Special Election at the earliest possible date to fill the vacancy on the City Council scheduled to occur on November 1, 2024. Council President Tundidor stated that the City Council would resume the discussion during the Unfinished Business section of the agenda. 2) Juan Santana (registered speaker), 5601 West 10th Avenue, spoke regarding developers and investors knocking on residents’ doors to offer to purchase their home. 3) Carmen Montejo (registered speaker), 165 East 11th Street, spoke in opposition to approval of Items LU 1, PZ 5, and PZ 6. 4) Leonardo Acosta (registered speaker), 7665 West 12th Avenue, spoke in opposition to the approval of Items LU 1, PZ 5, and PZ 6. 5) Jean Pierre Barreto (registered speaker), 2238 West 74 Street, spoke in opposition to the approval of Items LU 1, PZ 5, and PZ 6. 6) Hugo Arza, (registered lobbyist for items LU 1, PZ 5, and PZ 6), 701 Brickell Avenue, expressed that he and his client are prepared to move forward with items. LU 1, PZ 5, and PZ 6. 7) Milly Herrera (non-registered speaker), 4341 East 8th Lane, spoke regarding developments in the City resulting in the need for more police officers, and provided a document to the City Council titled “Over-Development and Rapid Growth Strains City Resources, Increases Crime Rates and Requires More Police Officers”. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  Items PZ 2 and PZ 4 are postponed until the City Council Meeting of June 25, 2024, per the applicant’s request.  Items 11A and 11B are withdrawn from the agenda. 6/19/2024 9:27 AM  9. BOARD APPOINTMENTS None reported. 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 Calvo requested separate discussion on Consent Items C and D. REPORT: Mayor Bovo requested separate discussion on Consent Item B. REPORT: Motion to Approve the Consent Agenda, except items B, C, and D, made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member Perez absent. A. Request permission to approve the minutes of the City Council Meeting held on May 28, 2024 at 5:30 p.m. (OFFICE OF THE CITY CLERK) APPROVED 6-0-1 with Council Member Perez absent. B. RESOLUTION: Proposed resolution supporting the Miss Universe Cuba Project and expressing its approval of the aims, goals, and objectives of the Miss Universe Cuba Project as provided herein; and providing for an effective date. (MAYOR BOVO) APPROVED 6-1 with Council Member Perez absent. RESOLUTION NO. 2024-155 REPORT: Mayor Bovo spoke on the item. REPORT: Motion to Approve Consent Item B made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Perez absent. C. RESOLUTION: Proposed resolution prohibiting awarding City contracts and City funded grants to businesses who facilitate or assist in facilitating recreational trips and vacations for 6/19/2024 9:27 AM  leisure to Cuba. (SPONSOR: COUNCIL MEMBER CALVO) (CO-SPONSOR: MAYOR BOVO) APPROVED AS AMENDED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-156 REPORT: Council Member Calvo requested that the proposed resolution be amended to include Section 3 providing that the City intends to deny any City concession or approval that is discretionary to the City, except when the concession or approval is required by law. REPORT: Rafael Suarez-Rivas, City Attorney, spoke on the item. REPORT: Motion to Approve Consent Item C as Amended made by Council Member Calvo, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Perez absent. D. RESOLUTION: Proposed resolution condemning the Transportation Security Administration (“TSA”) for failing to inform City and County officials of a Cuban Delegation’s visit to Miami International Airport (“MIA”): providing for transmittal; and providing for an effective date. (SPONSOR: COUNCIL MEMBER CALVO) (CO-SPONSOR: MAYOR BOVO) APPROVED AS AMENDED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-157 REPORT: Council Member Calvo requested that the proposed resolution be amended to include the striking of the fourth whereas clause. REPORT: Motion to Approve Consent Item D as Amended made by Council Member Calvo, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Perez absent. 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 issue and execute a purchase order to Florida Transportation Systems, Inc. for the acquisition of parts for El Dorado Transit Buses; approving the expenditure in an amount not to exceed $150,000.00; and providing for an effective date. (FLEET MAINTENANCE DEPARTMENT) APPROVED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-158 F. RESOLUTION: Proposed resolution authorizing and ratifying the use of State Housing Initiatives Partnership (SHIP) program funds expended through the City’s Safe Home Program 6/19/2024 9:27 AM  in an amount not to exceed $125,000.00 for the rehabilitation of the single-family dwelling owned and occupied by Oswaldo Ramos located at 4060 East 10th Avenue, as allowed by the City’s Local Housing Assistance Plan (LHAP); authorizing the Mayor or his designee, and the City Clerk, as attesting witness, to execute any and all agreements in furtherance of the project on behalf of the City; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-159 G. RESOLUTION: Proposed resolution authorizing and ratifying the use of State Housing Initiatives Partnership (SHIP) program funds expended through the City’s Safe Home Program in an amount not to exceed $125,000.00 for the rehabilitation of the single-family dwelling owned and occupied by Maritza Martinez and Diego Abad Vazquez located at 7146 West 30th Avenue, as allowed by the City’s Local Housing Assistance Plan (LHAP); authorizing the Mayor or his designee, and the City Clerk, as attesting witness, to execute any and all agreements in furtherance of the project on behalf of the City; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-160 H. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee, and the City Clerk, as attesting witness, on behalf of the City, to enter into a Service Agreement for a period of no more than five years, with 4 Best Business Corporation to provide temporary administrative and industrial services staffing as needed by departments; to be paid out of requesting department’s budget and pursuant to City budget; in an amount not to exceed $200,000.00 annually; and providing for an effective date. (HUMAN RESOURCES DEPARTMENT) APPROVED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-161 I. Request permission to increase Purchase Order 2024-816, issued to Waste Connections of Florida, Inc., vendor under contract with the City until September 2027, for collection of household garbage, yard, and bulk waste city-wide, by an additional amount of $153,000.00, adjustment which covers increased costs due to additional service on the Christmas and New Year’s holidays, for a new total cumulative amount not to exceed $9,053,000.00. The funding for the expenditure in is to be withdrawn from the Solid Waste Division Fund – Garbage Collection Costs Account No. 401.3240.534.434. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-0-1 with Council Member Perez absent. 6/19/2024 9:27 AM  J. Request permission to increase Purchase Order 2024-122, issued to Waste Connections of Florida, Inc., vendor under contract with the City until September 2027, for disposal of solid waste garbage collection city-wide, by an additional amount of $7,500.00, to accommodate a larger than anticipated volume of construction debris, for a new total cumulative amount not to exceed $32,500.00. The funding for the expenditure is to be withdrawn from the Solid Waste Division Fund – Utility – Waste Disposal Fees - Account No. 401.3240.534.433. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-0-1 with Council Member Perez absent. K. Request permission to issue a Purchase Order to Opex Business Machines Corporation, for the yearly maintenance of payment processing machines, mailing (stamp) machines and stuffer machines used for billing, for a total cumulative amount not to exceed $25,360.00. The funding for the expenditure in is to be withdrawn from the Water and Sewers Division Fund – Repair and Maintenance – Equipment – Account No. 450.9500.536.462. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-0-1 with Council Member Perez absent. L. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue and execute a purchase order with Consolidated Pipe & Supply Company, Inc., for the purchase of water meters; approving the expenditure in an amount not to exceed $83,322.50, and providing for an effective date. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-162 M. RESOLUTION: Proposed resolution approving a piggyback contract by the City of Hialeah for the rental of a backhoe loader; 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 United Rentals, Inc. in the amount not to exceed $30,000.00, for rental equipment used for digging trenches, repairs, and asphalt restoration and in substantial conformity with the agreement attached hereto and made a part hereof as “Exhibit A”, and providing for an effective date. (DEPARTMENT OF PUBLIC WORKS) APPROVED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-163 N. RESOLUTION: Proposed resolution approving the selection of A1 Property Services Group, 6/19/2024 9:27 AM  Inc. (vendor) for the Roof Replacement at Bright Park in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) #2023-24-3230-00-032, 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 $176,528.06 which includes a 10% contingency fee, for the roof replacement at Bright Park; 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 Perez absent. RESOLUTION NO. 2024-164 O. RESOLUTION: Proposed resolution approving the selection of Municipal Equipment Company, LLC (vendor) for the purchase of firefighter bunker gear and personal protective equipment to be utilized by the Hialeah Fire Department in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) #2023-24-2000-00-026, 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 the referenced vendor in an amount not to exceed $397,804.00, for the purchase of firefighter bunker gear and personal protective equipment; 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 Perez absent. RESOLUTION NO. 2024-165 P. RESOLUTION: Proposed resolution approving the selection of AGNI Enterprises, LLC d/b/a Head to Heels Safety Supplies – Group “A”, Bound Tree Medical, LLC – Group “B”, Henry Schein, Inc. – Group “C”, Medline Industries, LP – Group “D”, QuadMed, Inc. – Group “E”, and Steede Medical LLC – Group “F” (vendors) for the purchase of fire medical supplies for an initial term of three (3) years with an option to renew for an additional two – one (1) year renewal terms in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) #2023-24-2000-36-012, attached hereto and made a part hereof as “Exhibit A”; allocating of funds from various sources of the user department, subject to the availability of funds and budgetary approval at the time of need; and authorizing the Mayor or his designee to sign any related and customary purchasing documents to effectuate this resolution; and providing for an effective date. (PURCHASING DIVISION) APPROVED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-166 Q. RESOLUTION: Proposed resolution approving the selection of REV RTC d/b/a Hall-Mark 6/19/2024 9:27 AM  RTC (vendor) for the purchase and delivery of a custom-building aerial ladder truck to be utilized by the Hialeah Fire Department in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) #2023-24-2000-00-031, 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 $1,394,150.86, for the purchase of a custom-built aerial ladder truck; 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 Perez absent. RESOLUTION NO. 2024-167 R. RESOLUTION: Proposed resolution accepting the Invitation to Quote (ITQ) 23-24-001 for the purpose of securing the services of two experienced and reliable contractors capable of furnishing, installing, and testing paint and/or thermoplastic highway striping and highway signage in accordance with the Invitation to Quote (ITQ) specifications and the latest edition of the manual on uniform traffic control devices for the streets and highways; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue purchase orders on an as-needed basis to Y. Glez Striping, Inc. and the Strout Group, LLC in an amount not to exceed $241,000.00; to furnish, install, and test paint and/or thermoplastic highway striping, and highway signage in accordance with the ITQ specifications and the latest edition of the manual on uniform traffic control devices for the streets and highways, and in substantial conformity with the attached ITQ 23-24-001 attached hereto and made a part hereof as “Exhibit A”, and authorizing the Mayor or his designee to sign any related and customary purchasing documents to effectuate this resolution; and providing for an effective date. (STREETS) APPROVED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-168 S. RESOLUTION: Proposed resolution waiving competitive bidding; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, for the replacement of the Galaxy 3000 UPS Systems located at the 700/800 MHZ radio tower site at the City of Hialeah Emergency Operations Center (“EOC”); approving the expenditure in an amount not to exceed $148,252.60, and providing for an effective date. (FIRE DEPARTMENT) APPROVED 6-0-1 with Council Member Perez absent. RESOLUTION NO. 2024-169 11. ADMINISTRATIVE ITEMS 6/19/2024 9:27 AM  11 A. 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 WITHDRAWN FROM THE AGENDA On May 28, 2024 the item was postponed until 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 per the administration. 11 B. License Revocation Hearing to determine if the business tax receipt of Pop’s Pizza and Subs, located at 4865 Northwest 37th Avenue, Hialeah, Florida 33142, should be revoked or suspended. (BUSINESS TAX DIVISION) ITEM IS WITHDRAWN FROM THE AGENDA 11 C. ORDINANCE: Second reading and public hearing of proposed ordinance amending Chapter 26, entitled “Code of Ethics”, 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 6-0-1 with Council Member Perez absent. ORDINANCE NO. 2024-062 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 11 C made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member Perez absent. On May 28, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for June 11, 2024. 11 D. ORDINANCE: Second reading and public hearing 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) 6/19/2024 9:27 AM  APPROVED 6-0-1 with Council Member Perez absent. ORDINANCE NO. 2024-063 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 11 D made by Council Vice President Garcia-Roves, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member Perez absent. On May 28, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for June 11, 2024. On May 15, 2024, the Planning and Zoning Board recommended approval. 11E. ORDINANCE: Second reading and public hearing 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 Member Perez absent. ORDINANCE NO. 2024-064 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 11 E made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Perez absent. On May 28, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for June 11, 2024. 11 F. ORDINANCE: Second reading and public hearing 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 6/19/2024 9:27 AM  effective date. (ADMINISTRATION) APPROVED 6-0-1 with Council Member Perez absent. ORDINANCE NO. 2024-065 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 11 F made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Perez absent. On May 28, 2024, the City Council approved the item first reading. Second reading and public hearing is scheduled for June 11, 2024. 11 G. ORDINANCE: Second reading and public hearing 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; providing for a severability clause; and providing for an effective date. (ADMINISTRATION) APPROVED 6-0-1 with Council Member Perez absent. ORDINANCE NO. 2024-066 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 11 G made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Perez absent. On May 28, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for June 11, 2024. 11 H. ORDINANCE: Second reading and public hearing 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 6-0-1 with Council Member Perez absent. ORDINANCE NO. 2024-067 6/19/2024 9:27 AM  REPORT: Council President Tundidor requested that Item 11 H be considered out of the order of the agenda, with no opposition from the other City Council Members. Item 11 H was considered following the consideration of Item 11 D. 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 11 H made by Council Member Zogby, and seconded by Council Vice President Garcia-Roves. Motion passes 6-0-1 with Council Member Perez absent. On May 28, 2024, the City Council approved the item first reading. Second reading and public hearing is scheduled for June 11, 2024. On May 15, 2024, the Planning and Zoning Board recommended approval. 11 I. ORDINANCE: First reading of proposed ordinance repealing and rescinding Hialeah Ordinance No. 2016-034 (attached hereto as Exhibit “A”) (June 20, 2016) rezoning the property from R-1 (One Family District) to OPS (Office and Professional Services District); repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. (PLANNING AND ZONING DIVISION) APPROVED 6-0-1 with Council Member Perez absent. Motion to Approve Item 11 I made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Perez absent. REPORT: Second reading and public hearing is scheduled for June 25, 2024. 12. UNFINISHED BUSINESS  Council Member Pacheco motioned for the Law Department to draft an ordinance calling for a Special Election to be held on the earliest possible date to fill the vacancy on the City Council scheduled to occur on November 1, 2024.  Mayor Bovo addressed the Council on the matter.  Council Member Calvo requested from the City Clerk options on dates and costs for a special election.  Rafael Suarez-Rivas, City Attorney, referenced the state’s resign to run law and advised that the resignation is effective November 1st, 2024, and therefore the vacancy occurs on the date given. REPORT: Council Member Pacheco motioned for the City of Hialeah to hold a Special Election at the earliest possible date, and seconded by Council Member Calvo. Motion 6/19/2024 9:27 AM  fails 2-4-1 with Council President Tundidor, Council Vice President Garcia-Roves, Council Member Rodriguez and Council Member Zogby voting “No”, and Council Member Perez absent. 13. NEW BUSINESS REPORT: Council President Tundidor spoke regarding the City Council having a Zoning Workshop.  Mayor Bovo spoke on the matter. REPORT: Rafael Suarez-Rivas, City Attorney, advised that a federal judge held that Form 6 has legal issues, and therefore if an elected official has not yet completed Form 6, you may submit Form 1, in lieu of Form 6 by July 1, 2024. 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 POSTPONED UNTIL CITY COUNCIL MEETING ON JUNE 25, 2024. Motion to Table Item LU 1 until the City Council Meeting of June 25, 2024 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 5-0-2 with Council Member Perez absent and Council Member Calvo away during the roll call for a vote. REPORT: First reading is scheduled for June 25, 2024. On May 28, 2024, the City Council tabled the item until May 28, 2024. 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. Planner’s Recommendation: Approve the land use amendment. 6/19/2024 9:27 AM  Property Owner: Iglesia Cristiana Vida, Inc., 1098 East 1st Avenue LU 2. ORDINANCE: First reading of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Transit-Oriented Development District; property located at 555 East 25 Street, 502 East 26 Street, 512 East 26 Street, 522 East 26 Street, 532 East 26 Street, 540 East 26 Street, 552 East 26 Street, Hialeah, zoned P (Parking 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 Perez absent. Motion to Approve Item LU 2 made by Council Member Calvo, and seconded by Council Member Zogby. Motion passes 5-1-1 with Council Member Pacheco voting “No”, and Council Member Perez absent. REPORT: Alejandro Arias, registered lobbyist, addressed the City Council with a Power Point Presentation which is on file with the Office of the City Clerk. REPORT: Debora Storch, Planning and Zoning Official, addressed the City Council. REPORT: Second reading and public hearing is scheduled for June 25, 2024. Registered Lobbyist: Hugo P. Arza, Alejandro J. Arias, Alessandria San Roman and Erica C. Adams, on behalf of 555 East 25th Street, LLC. On May 29, 2024, the Planning and Zoning Board recommended approval subject to the following condition that the applicant proffers and records a Unity of Title. Planner’s Recommendation: Approval with conditions. Property Owner: Benjamin Leon, Jr. 100% 15. ZONING PLANNING AND ZONING PZ 1. ORDINANCE: Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-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 6/19/2024 9:27 AM  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 Perez absent. ORDINANCE NO. 2024-068 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ 1 made by Council Member Calvo, and seconded by Council Member Rodriguez. Motion passes 6-0-1 with Council Member Perez absent. On May 28, 2024, the City Council approved the item first reading. 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 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 (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. 6/19/2024 9:27 AM  ITEM IS POSTPONED UNTIL JUNE 25, 2024, PER THE APPLICANT’S REQUEST. On May 28, 2024, the City Council approved the item first reading. 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 3. ORDINANCE: Second reading and public hearing 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 Member Perez absent. ORDINANCE NO. 2024-069 REPORT: Council President Tundidor opened the item for public participation and no one present in the Council Chambers or participating via Zoom expressed interest in speaking. Motion to Approve Item PZ 3 made by Council Member Calvo, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Perez absent. On May 28, 2024, the City Council approved the item first reading. 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. PZ 4. 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- 6/19/2024 9:27 AM  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 JUNE 25, 2024, PER THE APPLICANT’S REQUEST. On May 28, 2024, the applicant requested for the item to be postponed until June 11, 2024. First reading is scheduled for June 11, 2024. 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 5. 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 25, 2024. Motion to Table Item PZ 5 until the City Council Meeting of June 25, 2024 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Perez absent. REPORT: First reading is scheduled for June 25, 2024. On May 28, 2024, the City Council tabled the item until May 28, 2024. 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. Planner’s Recommendation: Approval. 6/19/2024 9:27 AM  Property Owner: Iglesia Cristiana Vida, Inc., 1098 East 1st Avenue. PZ 6. 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 25, 2024. Motion to Table Item PZ 6 until the City Council Meeting of June 25, 2024 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Perez absent. REPORT: First reading is scheduled for June 25, 2024. On May 28, 2024, the City Council tabled the item until May 28, 2024. 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. 6/19/2024 9:27 AM  (6) The applicant is to enter into a Declaration of Restrictions for the Special Use Permit. (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 7. ORDINANCE: First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-3 grade elementary school with a maximum capacity of 31 students in conjunction with a 83 children daycare; a Variance Permit to allow 18 parking spaces (20% of parking spaces authorized on street), where 62 parking spaces are required; in contrast to Hialeah Code of Ordinances §98-2189(9); property located at 980- 990 West 22 Street, Hialeah, zoned C-2 (Liberal Retail Commercial 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 6-0-1 with Council Member Perez absent. Motion to Approve Item PZ 7 made by Council Vice President Garcia-Roves, and seconded by Council Member Zogby. Motion passes 6-0-1 with Council Member Perez absent. REPORT: Second reading and public hearing is scheduled for June 25, 2024. Registered Lobbyist: Octavio Santurio, 6262 Southwest 40th Street, Suite 3E, on behalf of Serafin Blanco. On May 29, 2024, the Planning and Zoning Board recommended approval subject to the following conditions: (1) Issue a fully executed Declaration of Restriction (DOR) including a maximum of 31 students at K-3 school grades in conjunction with a maximum of 83 children at daycare with the condition to prepare a pick-up and drop-off plan with staff members assisting during such activities. (2) Obtain a change of use approval within the next 90 days or before commencing the next school year. (3) Obtain a street permit to correct parking and drainage issues within the exterior of the property. (4) Obtain a building permit to correct exterior treatment including signage on the property according to the above-mentioned site plan. Planner’s Recommendation: Approval with conditions. Property Owner: Cache Prop. Inc C/O Serafin Blanco, President, 990 West 22nd Street, Hialeah, Florida 33010. 16. ADJOURNMENT 6/19/2024 9:27 AM REPORT: Council President Tundidor adjourned the meeting at 8:05 p.m. NEXT CITY COUNCIL MEETING: Tuesday, June 25, 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). 6/19/2024 9:27 AM