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City Council

Regular Meeting

Hialeah, FL · August 27, 2024

AgendaMinutes

Minutes

Esteban Bovo, Jr. Council Members Mayor B ryan C alvo Jesus Tundidor M elinda de la V ega President M onica Perez L uis R odriguez Jacqueline Garcia-Roves C arl Z ogby Vice President City Council Meeting Minutes August 27, 2024 5:30 p.m. 1. CALL TO ORDER REPORT: Council Vice President Garcia-Roves called the meeting to order at 5:45 p.m. 2. ROLL CALL REPORT: Council Member Perez arrived at 6:12 p.m. during Presentation Item 7A. REPORT: Council President Tundidor arrived at 6:16 p.m. during Presentation Item 7A. Present: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Absent: Council Member Carl Zogby Staff Present: Esteban Bovo, Jr., Mayor Marbelys Fatjo, City Clerk Rafael Suarez-Rivas, City Attorney 3. INVOCATION GIVEN BY MARBELYS FATJO, CITY CLERK REPORT: Marbelys Fatjo led the invocation. 4. PLEDGE OF ALLEGIANCE TO BE LED BY Council Member Rodriguez REPORT: Council Member Rodriguez led the Pledge of Allegiance. 5. MEETING GUIDELINES REPORT: Marbelys Fatjo, City Clerk, announced the 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). 6. COMMENTS AND QUESTIONS A. REPORT: Juan Santana, Registered Speaker, 5601 West 10th Avenue, thanked the Mayor for allowing his organization to utilize a City park for a back to school event. B. REPORT: Milly Herrera, 4341 East 8 Lane, spoke regarding the Live Local Act and the state's ability to preempt the City. 7. PRESENTATIONS A. Presentation by the Parks and Community Engagement Department regarding current and future projects. (ADMINISTRATION) REPORT: William Sanchez, Director of the Parks and Community Engagement Department, 900 East 56 Street, introduced Gary Sanchez, coach of the Hialeah Hurricanes. REPORT: Personalized jerseys were presented to the Mayor and each Council Member present. REPORT: Michael Festa, Deputy Director of the Parks and Community Engagement Department spoke and illustrated a visual presentation which is on file with the Office of the City Clerk. REPORT: Mayor Bovo spoke. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. Consent Item W has been added to today's agenda. B. The expenditure amount for Consent Item R has been corrected from $249,999.99 to $24,999.99. C. The department for Consent Item S has been updated from Construction and Maintenance to Fleet Maintenance. D. The property address of Zoning Item 15H has been corrected from 4030 West 8 Street to 4030 West 88 Street. E. In accordance with Section 376.80 of the Florida Statutes, today we will hold the first of two public hearings on a resolution (as provided for in Administrative Item 11A) to create a new Florida brownfield area at the property located at 16300 Northwest 97th Avenue, Hialeah, Florida 33018. The property owner requested this designation in order to address environmental contamination caused by the property's historical uses, which will allow the property owner to access environmental cleanup incentives provided by the state, at no cost to the City. The second and final public hearing will take place during the City Council Meeting of September 10, 2024. 9. BOARD APPOINTMENTS A. R E S O L U T I O N: Proposed resolution re-appointing Carolina Naveiras as a member of the Cultural Affairs Committee for the City of Hialeah for a two (2)- year term ending on March 8, 2026; and providing for an effective date. (APPOINTMENT OF THE CITY COUNCIL) Nominated by Council President Tundidor. Motion by Vice President Jaqueline Garcia-Roves, seconded by Council Member Luis Rodriguez APPROVED 6-0-1 RESOLUTION NO. 2024-215 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez B. RESO LU TI O N: Proposed resolution re-appointing Odalys Menegia to the Cultural Affairs Committee of the City of Hialeah, Florida for a two (2)-year term ending on April 11, 2026; and providing for an effective date. (APPOINTMENT OF THE CITY COUNCIL) Nominated by Council Member Rodriguez. Motion by Vice President Jaqueline Garcia-Roves, seconded by Council Member Luis Rodriguez APPROVED 6-0-1 RESOLUTION NO. 2024-216 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez 10. CONSENT AGENDA All items listed with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember, 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 G, P and W. Motion by Vice President Jaqueline Garcia-Roves, seconded by Council Member Luis Rodriguez CONSENT ITEMS, EXCEPT ITEMS G, P AND W APPROVED 6-0-1 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez A. Request permission to approve the minutes of the Council Meeting held on August 13, 2024. (OFFICE OF THE CITY CLERK) APPROVED AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez B. Request permission to ratify pending invoices for completed work consisting of installing burglar alarms at various City departments and increase the expenditure amount to VCS Tech Systems, LLC, by an additional $25,000.00, for a total cumulative expense amount not to exceed $45,000.00. On April 13, 2021, the City Council (Item I) awarded Bid No. 2020-2021-8500-36-004 - Burglar Alarm Monitoring Service, Maintenance, and Equipment at all City Facilities to this vendor for a term of three years with the option to renew for an additional two years in two one year increments. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez C. R ESO LU T I O N: Proposed resolution approving the selection of A-1 Property Services Group, Inc. (vendor) for the roofing replacement of the baseball dugouts at Babcock Park in accordance with the terms, conditions, and specifications contained in Invitation to Quote (ITQ) #2023-24-049, 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 exceed $34,383.80 which includes a 10% contingency, for the roofing replacement of the baseball dugouts at Babcock 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) RESOLUTION NO. 2024-217 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez D. Request permission to increase Purchase Order No. 2024-321, issued to South Florida Appliance, Inc., to pay for pending invoices and purchase appliances, materials and parts for city-wide use, by an additional amount of $5,886.99 for the remainder of the fiscal year, for a total expense amount not to exceed $50,886.99. The expenditure is to be charged to the I nventory Construction and Maintenance - Account No. 001.0000.141.150. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez E. Request permission to increase Purchase Order No. 2024-318, issued to Acarssa Supply Inc, to pay for pending invoices and purchase appliances, materials and parts for City-wide use, by an additional amount of $35,000.00 for the remainder of the fiscal year, for a total expense amount not to exceed $62,000.00. The expenditure is to be charged to the Inventory Construction and Maintenance - Account No. 001.0000.141.150. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez F. Request permission to increase Purchase Order No. 2024-1112, issued to Royal Electrical Supply, Inc., to pay for pending invoices and purchase electrical materials and parts for City-wide use, by an additional amount of $9,945.02 for the remainder of the fiscal year, for a total expense amount not to exceed $34,945.02. The expenditure is to be charged to the Inventory Construction and Maintenance - Account No. 001.0000.141.150. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez G. Request permission to increase Purchase Order No. 2024-804, issued to TotalCaption, LLC, for the purchase of closed captioning services required for all public meetings held during the 2023-2024 fiscal year in a total cumulative expense amount not to exceed $25,346.50. The expenditure is to be charged to the General Fund -- Professional Services - Account No. 001.0201.519.310. (INFORMATION TECHNOLOGY DEPARTMENT) Motion by Vice President Jaqueline Garcia-Roves, seconded by Acting Council Member Melinda De La Vega APPROVED AS AMENDED. AMENDMENT: TOTAL EXPENSE AMOUNT AMENDED TO $25,346.50 REPORT: Ricardo Suarez, Chief Information Officer, spoke and requested that the total expense amount be amended from $50,346.50 to $25,346.50. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez H. Request permission to ratify pending invoices for completed work consisting of installing and maintaining the City's access control system, and increase the expenditure amount to VCS Tech Systems, LLC, by an additional $10,000.00, for a total cumulative expense amount not to exceed $20,000.00. The City Council, on August 24, 2021 (Item J) awarded Bid No. 2020-2021-8500-36-024 - Access Control Installation and Maintenance at all City Facilities to this vendor for a term of three years with the option to renew for an additional two years in two one year increments. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez I. R E S O L U T I O N : Proposed resolution approving a piggyback contract # 43230000-NASPO-16-ACS with Carasoft Technologies Corp., for additional software and services required for the Office 365 implementation; 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 Carasoft Technologies in the amount not to exceed $56,936.48, for the purchase of additional services for the Office 365 implementation and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A"; and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED RESOLUTION NO. 2024-218 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez J. RESO LU TI O N: Proposed resolution authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to ratify the increase of Purchase Order No. 2024-1993, issued to Robert Half Inc., for an additional amount of $11,443.92; for the payment of services rendered through June 7, 2024; approving the purchase order for a total amount not to exceed $36,433.92; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) APPROVED 6-0-1 RESOLUTION NO. 2024-219 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez K. RESO LU TI O N: Proposed resolution waiving small purchases procedures in excess of $25,000.00 for the purchase of secure services for customers to vault their data into cold tier storage; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order in an amount not to exceed $27,462.50, and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A"; and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) APPROVED RESOLUTION NO. 2024-220 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez L. RESO LU TI O N: Proposed resolution approving the selection of Lawn Keepers of South Florida, Inc. (vendor) for the purchase and delivery of ground cover plants and sod in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) No. 23-24-044, 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 a total of $274,160.99, for the purchase and delivery of ground cover plants and sod; 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 RESOLUTION NO. 2024-221 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez M. RESO LU TI O N: Proposed resolution approving the selection of VisualScape, Inc. (vendor) for the Tree Canopy Restoration Project 2023-24 in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) No. 2023-24-045, 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 $292,953.00, for the Tree Canopy Restoration Project 2023-24; and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution; and providing for an effective date. (PURCHASING DIVISION) APPROVED RESOLUTION NO. 2024-222 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez N. R E S O L U T I O N: Proposed resolution approving the selection of Fortified Security Solutions, LLC. (vendor) or the installation of a CCTV surveillance system at the Milander Complex in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) #2023-24-3130-00-042, 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 $302,808.00, which includes a 10% contingency, for the installation of a CCTV surveillance system at the Milander Complex; and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution; and providing for an effective date. (PURCHASING DIVISION) APPROVED RESOLUTION NO. 2024-2023 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez O. R E S O L U T I O N: Proposed resolution approving the selection of Quick Painting Group, Corp. (vendor) for the Fire Administration Building exterior waterproofing and interior painting in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) No. 2023-24-3230-00-035, 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 $74,360.00 which includes a 10% contingency, for the Fire Administration Building exterior waterproofing and interior painting; and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (PURCHASING DIVISION) APPROVED RESOLUTION NO. 2024-224 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez P. RESO LU TI O N: Proposed resolution authorizing Hermanos de la Calle to serve as the new homeless outreach for the City of Hialeah as a sub-recipient of CDBG funds; and authorizing the allocation of Community Development Block Grant (CDBG) public service funds to support homeless outreach services in the amount of $118,440.89; further authorizing the Mayor and City Clerk to execute a Sub-Recipient Agreement in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit 1"; and authorizing a supplemental appropriation pursuant to Hialeah, Florida Charter Section 3.08(e)(1) in aforementioned amounts to the Community Development Block Grant (CDBG) program; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) Motion by Vice President Jaqueline Garcia-Roves, seconded by Council Member Monica Perez APPROVED 6-0-1 RESOLUTION NO. 2024-225 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Q. RESO LU TI O N: Proposed resolution authorizing the Mayor, the Chief of Police, and the City Clerk, on behalf of the City, to amend the existing Mutual Aid Agreement with the City of Hialeah Gardens as a participating Municipal Police Department to provide for additional assistance for routine and intensive law enforcement situations from the effective date of the agreement through January 1, 2025, a copy of which is part hereof as Exhibit "1"; and providing for an effective date. (POLICE DEPARTMENT) APPROVED 6-0-1 RESOLUTION NO. 2024-226 R. RESO LU TI O N: Proposed resolution authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a new purchase order to Gabriel, Roader, Smith & Company, for the payment of financial consulting services to be provided to the City's Office of Management & Budget Department for a one- year term or until all required services have been completed for referenced department, whichever occurs first; and approving the issuance of the referenced purchase order in the amount of $24,999.99, for a total cumulative amount not to exceed $57,577.99 and to execute any related and customary purchasing documents to effectuate this resolution; and providing for an effective date. (FINANCE) APPROVED RESOLUTION NO. 2024-227 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez S. Request permission to increase Purchase Order No. 2024-176, issued to Electric Sales and Service, Inc., for the purchase of starters and alternators for City trucks and vehicles, by an additional amount of $10,000.00, for a total expense amount not to exceed $35,000.00. The expenditure is to be charged to the Inventory - Parts - Account No. 001.0000.141.120. (FLEET MAINTENANCE DEPARTMENT) APPROVED AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez T. Request permission to increase Purchase Order No. 2024-267, issued to Manhattan Electric & Hardware Corporation, to pay for pending invoices and purchase electrical materials and parts for City-wide use, by an additional amount of $12,124.81 for the remainder of the fiscal year, for a total expense amount not to exceed $41,124.81. The expenditure is to be charged to the Inventory Construction and Maintenance - Account No. 001.0000.141.150. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez U. Request permission to increase Purchase Order No. 2024-567, issued to PYE-Barker Fire & Safety, LLC, to pay for pending invoices, as well as to cover any future services needed during the rest of this fiscal year, by an additional amount of $10,000.00, for a total expense amount not to exceed $35,000.00. The expenditure is to be charged to the Contractual Service Construction & Maintenance - Account No. 001.3230.591.341. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez V. Request permission to increase Purchase Order No. 2024-227, issued to Miami-Dade Electric and A/C Supply, LLC, for the purchase of appliances, materials and parts for City-wide use, by an additional amount of $27,000.00 for the remainder of the fiscal year, for a total expense amount not to exceed $63,200.00. The expenditure is to be charged to the Inventory Construction and Maintenance - Account No. 001.0000.141.150. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) APPROVED W. ADD ON ITEM RESO LU TI O N: 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 increase Purchase Order No. 2024-819, issued to Mi Vision, LLC (provider) for the payment of certain professional services; approving the purchase order in a total cumulative amount not to exceed $50,000.00; and providing for an effective date. (ADMINISTRATION) Motion by Vice President Jaqueline Garcia-Roves, seconded by Council Member Monica Perez APPROVED 5-1-1 RESOLUTION NO. 2024-228 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez NAY: Council Member Brvan Calvo 11. ADMINISTRATIVE ITEMS A. I TEM FO R D I SCU SSI O N: TH I S I TEM W I LL BE CO N SI D ERED FO R A V O TE D U RI N G TH E SECO N D PU BLI C H EA RI N G TO BE H ELD O N SEPTEM BER 10, 2024. R E S O L U T I O N : Proposed resolution designating the property located at 16300 NW 97th Avenue, Hialeah, Florida 33018 and identified by Folio No. 04-2017-001-0070 and legally described herein, as a Brownfield area pursuant to Section 376.80(2)(c), Florida Statutes, for the purpose of rehabilitation, job creation, and promoting economic redevelopment; authorizing the City of Hialeah to notify the Florida Department of Enviromental Protection of said designation; and providing for an effective date. (PLANNING AND ZONING) REPORT: Claudia Hasbun with the Planning and Zoning Department spoke. REPORT: City Attorney Rafael Suarez-Rivas spoke. PU BLI C H EA RI N G/PU BLI C CO M M EN TS: 1. Juan Santana, 5601 West 10th Avenue requested that the item be tabled. B. O RD I N A N CE: Second reading and public hearing of proposed ordinance amending Chapter 94 of the Code of Ordinances of the City of Hialeah entitled "Water and Sewers", and in particular, Hialeah Code § 94-163 entitled "Water and Wastewater Payment in lieu of Franchise Fees" to suspend the collection of the Water and Wastewater Franchise Fee to be imposed; repealing all ordinances or parts of ordinances in conflict herewith; providing for inclusion in Code; providing for a severability clause; providing for a sunset provision; and providing for an effective date. (ADMINISTRATION) On August 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for August 27, 2024. Motion by Council Member Brvan Calvo, seconded by Vice President Jaqueline Garcia-Roves APPROVED 6-0-1 ORDINANCE NO. 2024-076 PUBLIC HEARING/PUBLIC COMMENTS: 1. Juan Santana, 5601 West 10th Avenue 2. Milly Herrera, 4341 East 8 Lane REPORT: Mayor Bovo spoke. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez C. O RD I N A N CE: Second reading and public hearing of proposed ordinance amending Chapter 26, entitled "Code of Ethics", Article III. entitled "Lobbyists", Section 26-66 entitled "Definitions" of the Code of Ordinances of the City of Hialeah, and in particular by amending certain defined terms therein; by amending Section 26-67 entitled "Registration and Oath", to provide for expanded registration requirements; by creating a new Section 26-68 to be entitled "Fees, Exceptions, and Violations" establishing lobbyist fees as are specified therein; and by repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in the code; providing for a severability clause; and providing for an effective date. (ADMINISTRATION) On August 13, 2024, the City Council approved the proposed ordinance on first reading. Second reading and public hearing is scheduled for August 27, 2024. Motion by Vice President Jaqueline Garcia-Roves, seconded by Council Member Luis Rodriguez APPROVED 5-1-1 ORDINANCE NO. 2024-077 PUBLIC HEARING/PUBLIC COMMENTS: 1. Frank de la Paz, 11000 Southwest 104 Street 2. Juan Santana, 5601 West 10th Avenue REPORT: Mayor Bovo and City Attorney Rafael Suarez-Rivas spoke. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez NAY: Council Member Brvan Calvo D. O RD I N A N CE: Second reading and public hearing of proposed ordinance repealing in part Chapter 2 of the Code of Ordinances of the City of Hialeah entitled "Administration," Article III entitled "Boards, Commissions, and Committees," Division 7 entitled "Charter School Oversight Committee" Section 2-750 entitled "Established," Section 2-751 entitled "Composition, Compensation and Term of Service," Section 2-752 entitled "Meetings," Section 2-753 entitled "Supervisory Responsibilities," Section 2-754 entitled "Duties and Powers"; and amending Division 7 entitled "Charter School Oversight Committee" to be entitled "Transfer of Charter School to Academica Dade LLC" and creating a new section under Division 7, Section 2-755, to be entitled "Rights, Duties, and Obligations" establishing the transfer of operation and supervision of the City's sponsored charter school, the City of Hialeah Educational Academy ("COHEA") to Academica Dade, LLC.; and repealing all ordinances in conflict herewith; providing for inclusion in the code; providing for a severability clause; and providing for an effective date. On August 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for August 27, 2024. Motion by Council Member Brvan Calvo, seconded by Vice President Jaqueline Garcia-Roves APPROVED 5-0-2 WITH COUNCIL MEMBER RODRIGUEZ AWAY DURING THE ROLL CALL COUNCIL MEMBER RODRIGUEZ RECORDED HIS VOTE AS "YES" AFTER THE MOTION TO APPROVED PASSED. ORDINANCE NO. 2024-078 PUBLIC HEARING/PUBLIC COMMENTS: 1. Juan Santana, 5601 West 10th Avenue. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez E. O RD I N A N CE : Second reading and public hearing of proposed ordinance waiving competitive bidding; and approving a Second Amendment to the Exclusive Franchise Agreement for the collection of residential recyclable material granted to World Waste Recycling, Inc., a Florida corporation, the predecessor in interest to Coastal Waste & Recycling of Florida, Inc., a Florida corporation, pursuant to Hialeah, Florida Ordinance 2018-042 (May 22, 2018); extending the agreement for a term beginning upon execution of the "Second Amendment to Exclusive Franchise Agreement" ("Second Amendment") by the parties and ending on September 30, 2025; providing for subsequent renewals of the agreement at the option of the parties, for a term of one year at each renewal, with a cumulative duration of all subsequent renewals not exceeding a total of five years; amending the agreement to be consistent with current collection services and to establish new requirements; approving the Second Amendment, in substantial conformity with Exhibit "A,", which is attached hereto and made a part hereof; authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the Second Amendment; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (ADMINISTRATION) On August 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for August 27, 2024. Motion by Council Member Monica Perez, seconded by Vice President Jaqueline Garcia-Roves APPROVED 5-1-1 ORDINANCE NO. 2024-079 PUBLIC HEARING/PUBLIC COMMENTS: 1. Juan Santana, 5601 West 10th Avenue REPORT: Kevin Lynskey, Director of Public Works, spoke on this item. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez NAY: Council Member Brvan Calvo F. O R D I N A N C E: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 78, enitiled "Solid Waste", amending § 78-160 "Applications for Non-Exclusive Franchises" and § 78-162 "Waste Services Permit" providing for new insurance requirements and bonds and alternate security amounts and creating a new subsection delineating an application process that includes mandatory administrative costs for a new and renewal application; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (DEPARTMENT OF PUBLIC WORKS) Motion by Council Member Luis Rodriguez, seconded by Vice President Jaqueline Garcia-Roves APPROVED SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR SEPTEMBER 10, 2024. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez 12. UNFINISHED BUSINESS NONE REPORTED. 13. NEW BUSINESS REPORT: Council Member Rodriguez spoke regarding Aiden's Mom Project. A. Report to the City Council of financial disclosure submittals for the year ending in 2023, pursuant to Section 26- 36(d) of the Hialeah City Code. (OFFICE OF THE CITY CLERK) 14. LAND USE AMENDMENTS A. O R D I N A N C E: Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Major Institutions; property located at 375 East 17 Street, 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 for penalties for violation hereof; providing for a severability clause; and providing for an effective date. On August 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for August 27, 2024. Registered Lobbyist: Ceasar Mestre, 8105 Northwest 155 Street, on behalf of Lincoln Marti Charter School. On June 26, 2024, the Planning and Zoning Board recommended approval subject to the following condition: the property owner shall proffer a Unity of Title and required corrective actions including but not limited to rezoning, Conditional Use Permit and building permitting be completed within 18 months. Property Owner: Demetrio Perez, Jr., 2700 Southwest 8th Street, Miami, Florida 33135. Motion by Vice President Jaqueline Garcia-Roves, seconded by Council Member Luis Rodriguez APPROVED 6-0-1 ORDINANCE NO. 2024-080 REPORT: Registered Lobbyist Ceasar Mestre spoke on the item. PUBLIC HEARING/PUBLIC COMMENTS: Council President Tundidor opened the item for public participation and no one expressed interest in speaking. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez B. O R D I N A N C E: Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Commercial; property located at southeast corner of West 72 Street and West 12 Avenue Hialeah, zoned R-3 (Multiple Family District) and legally described herein ; 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. On August 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for August 27, 2024. Registered Lobbyist: Boris Morales, 8801 Northwest 15th Street, Doral, Florida 33172, on behalf of Sunshine Dade Investments, LLC. On June 26, 2024, the Planning and Zoning Board recommended approval subject to the condition that the applicant proffers and records a Unity of Title. Planner's Recommendation: Approval with a Unity of Title required. Property Owner: Sunshine Gasoline Distributor Inc., (100% Parent Company of SDI), Marino Alvarez, Esther Alvarez, Marino Alvarez Irrevocable Family Trust, 1650 Northwest 87th Avenue, Doral, Florida 33172 Motion by Council Member Luis Rodriguez, seconded by Vice President Jaqueline Garcia-Roves APPROVED 6-0-1 ORDINANCE NO. 2024-081 REPORT: Ceasar Mestre, Registered Lobbyist, spoke. PUBLIC HEARING/PUBLIC COMMENTS: Council President Tundidor opened the item for public participation and no one expressed interest in speaking. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez C. O RD I N A N CE: First reading of proposed ordinance amending the Future Land Use Map from Residential Office to Commercial; properties located at 1420 West 68 Street and 1480 West 68 Street (Residential Office District) and legally described herein ; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Nothwest 155th Street, Miami Lakes, Florida 33016, on behalf of Lago Bello Property Holdings, LLC On August 14, 2024, the Planning and Zoning Board recommended approval with the condition that the applicant proffer and record a Unity of Title. Planner's Recommendation: Approval with conditions. Property Owner: Vista Lago, 850 Northwest 42 Avenue, Suite 201, Miami, Florida 33126. Motion by Vice President Jaqueline Garcia-Roves, seconded by Acting Council Member Melinda De La Vega APPROVED 5-1-1 SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR SEPTEMBER 10, 2024. Registered Lobbyist Ceasar Mestre spoke on the item and illustrated a visual presentation which is on file in the Office of the City Clerk. Applicant Jose Cueto, 1028 West 68 Street, spoke. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez NAY: Council Member Luis Rodriguez 15. PLANNING AND ZONING Administration of Oath to all applicants and anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item. Attention Applicants: a. Items approved by the City Council are subject to the Mayor's approval or veto. The Mayor may withhold his signature or veto the item. If the Mayor's signature is withheld, the item is not effective until the next regularly scheduled meeting. If the Mayor vetoes the item, the item is rejected unless the Council overrides the veto at the next regular meeting. A. O R D I N A N C E: Second reading and public hearing 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. On August 13, 2024, the item was postponed until the City Council Meeting of August 27, 2024. Second reading and public hearing is scheduled for August 27, 2024. On June 25, 2024, the City Council approved the item on first reading as amended as follows: Applicant must provide Restrictive Covenants, parking will not be used for commercial purposes, parking will not be rented and will only be used for the church, and Parking Plan will be presented by the applicant for Debora Storch's review and approval. Second reading and public hearing is scheduled for August 13, 2024. On June 11, 2024, the applicant requested item to be postponed until June 25, 2024. First reading is scheduled for June 25, 2024. 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. Motion by Council Member Brvan Calvo, seconded by Acting Council Member Melinda De La Vega APPROVED AS AMENDED 4-0-3 WITH COUNCIL MEMBERS RODRIGUEZ AND TUNDIDOR AWAY DURING THE ROLL CALL. ORDINANCE NO. 2024-082 AMENDMENT: COUNCIL MEMBER CALVO REQUESTED AN ADDITION TO THE DECLARATION OF RESTRICTIONS PROVIDING THAT A CODE AND/OR ZONING VIOLATION RESCINDS THE APPROVAL OF THIS ITEM. REPORT: Council Member Tundidor recorded his vote as "Yes" after the Motion to Approve as Amended passed. REPORT: Alex Magrisso, Assistant City Attorney spoke on the item. REPORT: The applicant agreed to a Declaration of Restrictions. REPORT: Claudia Hasbun with the Zoning Department spoke on the item. REPORT: City Attorney Rafael Suarez-Rivas spoke on the item. PUBLIC HEARING/PUBLIC COMMENTS: 1. Juan Santana, 5601 West 10th Avenue, spoke in favor of the approval of the proposed ordinance. AYE: Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez B. O RD I N A N CE: First reading of proposed ordinance rezoning property from R-3 (Multiple-Family District) to C- 3 (Extended Liberal Commercial District); property located at the SE corner of West 72nd Street and West 12th Avenue, Folio No. 04-2025-015-0140, Hialeah, zoned R-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. Registered Lobbyist: Boris Morales, 8801 Northwest 15th Street, Doral, Florida 33172, on behalf of Sunshine Dade Investments, LLC. On August 14, 2024, the Planning and Zoning Board recommended approval subject to the following conditions: 1. The project has to go through site plan review and since this parcel is adjacent to a residential zone, a wall (six-foot high masonry wall or a solid fence) with a minimum five (5) feet landscaping bufferi is required. 2. Landscaping plans are to be required during the site plan review. Landscaping plan shall reflect compliance with the City's landscaping manual requirements. Shall obtain a Miami-Dade County Tree Removal Permit Approval for any tree removal 3. Parking count for the gas station has to meet the minimum parking requirements (req./1ps/200 square feet of gross area). Proposed 2,041 square feet of gross area = 10.2 parking space. Planner's Recommendation: Approval with conditions. Property Owner: Sunshine Gasoline Distributor Inc., (100% Parent Company of SDI), Marino Alvarez, Esther Alvarez, Marino Alvarez Irrevocable Family Trust, 1650 Northwest 87th Avenue, Doral, Florida 33172 Motion by Council Member Brvan Calvo, seconded by Council Member Monica Perez APPROVED 4-0-3 WITH COUNCIL PRESIDENT TUNDIDOR AND COUNCIL MEMBER RODRIGUEZ AWAY DURING THE ROLL CALL SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR SEPTEMBER 10, 2024 REPORT: Council President Tundidor recorded his vote as "Yes" after the Motion to Approve had passed. AYE: Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez C. O RD I N A N CE : First reading of proposed ordinance granting a Variance Permit to allow 238 parking spaces, where 243 parking spaces are required; and 10.03% pervious area, where 18% is the minimum pervious area required; in contrast to Hialeah Code of Ordinances § 98-2189(3) and Paragraph E of the City of Hialeah Landscape Manual dated December 13, 2022, entitled Tree and Lawn Requirements by Zoning Classification. Property is located at 1900 West 60th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District) and legally described herein ; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Mike Scavuzzo, 7600 West 20th Avenue, Suite 2A, on behalf of Ark Real Estate, LLC/ Santa Clara Plaza, LLC. On June 26, 2024, the Planning and Zoning Board recommended approval subject to the condition that the applicant provide paving and drainage plans, and a landscape re-certification during the building permit process. Planner's Recommendation: Approval with conditions. Property Owner: Arik Bouskila, 2890 Northeast 207th Street, Suite 808, Aventura, Florida 33180. Motion by Council Member Brvan Calvo, seconded by Council Member Monica Perez FIRST READING IS POSTPONED UNTIL SEPTEMBER 10, 2024 4-0-3 WITH COUNCIL PRESIDENT TUNDIDOR AND COUNCIL MEMBER RODRIGUEZ AWAY DURING THE ROLL CALL. AYE: Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez D. O RD I N A N CE: First reading of proposed ordinance granting a Variance Permit to allow the expansion of a legal non-conforming use of an existing daycare; 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 24 students in conjunction with a 24 children daycare; property located at 6861 West 14 Court, Hialeah, zoned C-1 (Restricted Retail Commercial District) and legally described herein ; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Ceasar Mestre, 8105 Northwest 155th Street, Miami Lakes, Florida, on behalf of Three Flags Academy, Inc On August 14, 2024, the Planning and Zoning Board recommended approval subject to the conditions: 1.Submit building and street permit to create two (2) parking spaces on-site and at least two (2) parking spaces on-street according to the plans submitted, signed and sealed by Jose A. Martinez, dated May 30, 2024. These permits shall be obtained prior to the approval of the Change of Use. 2. Restrict the maximum capacity to 24 daycare children and 24 school children in K-3 grades. 3. Enter into a Declaration of Restrictions and obtain a Change of Use for the school. Planner's Recommendation: Approval of the Conditional Use Permit and the parking variance with conditions. Property Owners: Dania Jurado, 14003 Southwest 9th Street, Miami, Florida 33184 and Migda Navarro, 11365 Southwest 248 Lane, Homestead, Florida 33032. Motion by Council Member Brvan Calvo, seconded by Vice President Jaqueline Garcia-Roves APPROVED AS AMENDED 5-0-2 WITH COUNCIL MEMBER RODRIGUEZ AWAY DURING THE ROLL CALL. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR SEPTEMBER 10, 2024. AMENDMENT: The Variance Permit portion of the item is removed from the approval as it is necessary that it be properly noticed. The approval is valid for only the Conditional Use Permit. REPORT: Ceasar Mestre, registered lobbyist, spoke and illustrated a visual presentation which is on file in the Office of the City Clerk. REPORT: Dania Jurado, one of the propery owners, 1400 Southwest 9th Street, spoke. REPORT: Claudia Hasbun of the Planning and Zoning Department spoke. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez E. O R D I N A N C E : First reading of proposed ordinance granting a Variance Permit to allow residential use only, where mixed use is required; allow residential use on the ground floor, where residential use is only allowed above the ground floor; allow 24 units with an area less than 850 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; allow a site area of 17,861 square feet with a street frontage of 180.20 feet, where a minimum site area of 20,000 square feet and a minimum street frontage of 200 feet are required; allow a front setback of 5 feet 1 inch fronting East 6th Avenue, where 10 feet built-to-line are required; allow surface parking facing East 6th Avenue, where surface parking shall not be located at the front of the building; allow 25 parking spaces, where 54 parking spaces are required; and allow 22% pervious area, where 30% pervious area is the minimum required, in contrast to Hialeah Code of Ordinances §§ 98-1630.1, 98-1630.2, 98- 1630-3 (c) and (d), 98-1630.8, 98-1630.3(e)(1), 98-1630.3(e)(4), 98-2189(16)a., 98-2189(16)b., and 98-2232; property located at 595 East 9th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Hugo P. Arza, Alejandro J. Arias, Alessandria San Roman and Erica C. Adams, on behalf of Prestige Builders Construction Management, LLC. On August 14, 2024, the Planning and Zoning Board recommended approval with the following conditions: 1. Provide a Declaration of Restriction prior to Council's second reading proffering NBD incentives. 2. The project is to be developed according to the plans prepared by Alberto O. Gonzalez signed and sealed on August 2, 2024, plans which include color renderings that shall match the main design intent of the project. Planner's Recommendation: Approval with conditions. Property Owner: CLS Investments Inc., 6500 Cowpen Road, Suite 202, Miami Lakes, Florida 33014. Motion by Council Member Brvan Calvo, seconded by Vice President Jaqueline Garcia-Roves APPROVED 5-0-2 WITH COUNCIL MEMBER RODRIGUEZ AWAY DURING THE ROLL CALL. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR SEPTEMBER 10, 2024. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez F. O R D I N A N C E : 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; granting a Variance Permit to allow residential use only, where mixed use is required and allow residential use on the ground floor, where residential use is only allowed above the ground floor; allow 24 units with an area less than 850 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; allow a site area of 17,148 square feet with a street frontage of 109.16 feet, where a minimum site area of 20,000 square feet and a minimum street frontage of 200 feet are required; granting a Variance to waive the building mass and building frontage development standards; allow a front setback of 4 feet 8 inches fronting East 21st Street, where 10 feet built-to-line are required; allow a rear setback of 4 inches, where 15 feet are required; allow surface parking facing East 21st Street, where surface parking shall not be located at the front of the building; allow 31 parking spaces, where 54 parking spaces are required; and allow 15.3% pervious area, where 30% pervious area is required; in contrast to Hialeah Code of Ordinances §§ 98-1630.1, 98-1630.2, 98-1630-3 (c) and (d), 98- 1630.8, 98-1630.3(e)(1), 98-1630.3(e)(2), 98-1630.3(e)(4), 98-2189(16)a., and 98-2232; property located at 701 East 21st Street, Hialeah, zoned R-3-2 (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. Registered Lobbyist: Hugo P. Arza, Alejandro J. Arias, Alessandria San Roman and Erica C. Adams, on behalf of Prestige Builders Construction Management, LLC. On August 14, 2024, the Planning and Zoning Board recommended approval with the following conditions: 1. Two pieces of artwork, mural facing East 21st Street, and an artwork piece at street level. 2. Storefront windows at the ground level, multi-purpose room, and screening at hallways according to plan sheet A-4. 3. Enhance landscaping with planters and quality trees surrounding the property, exterior lighting, improve entrance, and a domino and dog walking area. Planner's Recommendation: Approval with conditions. Property Owner: Alexander Ruiz, 16400 Northwest 59 Avenue, Miami Lakes, Florida 33014. Motion by Council Member Brvan Calvo, seconded by Vice President Jaqueline Garcia-Roves APPROVED 5-0-2 WITH COUNCIL MEMBER RODRIGUEZ AWAY DURING THE ROLL CALL. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR SEPTEMBER 10, 2024. REPORT: Hugo Arza, Registered Lobbyist, spoke. AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez G. O R D I N A N C E: First reading of proposed ordinance approving a final plat of Verdot; 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 4300 West 12 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. On August 14, 2024, the Planning and Zoning Board recommended approval. lanner's Recommendation: Approval. Property Owner: Verdot at Hialeah, LLC Fla. Limited Liability Co. Motion by Council Member Brvan Calvo, seconded by Vice President Jaqueline Garcia-Roves APPROVED 5-0-2 WITH COUNCIL MEMBER RODRIGUEZ AWAY DURING THE ROLL CALL SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR SEPTEMBER 10, 2024 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez H. O R D I N A N C E : First reading of proposed ordinance approving a Final Plat of Emerald Bay; 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 4030 West 88 Street, Hialeah, Florida, and legally described 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. On August 14, 2024, the Planning and Zoning Board recommended approval. Planner's Recommendation: Approval. Property Owner: Gonzalez Property Investments, LTD. Motion by Vice President Jaqueline Garcia-Roves, seconded by Acting Council Member Melinda De La Vega APPROVED 5-0-2 WITH COUNCIL MEMBER RODRIGUEZ AWAY DURING THE ROLL CALL SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR SEPTEMBER 10, 2024 AYE: Council President Jesus Tundidor Vice President Jaqueline Garcia-Roves Council Member Brvan Calvo Acting Council Member Melinda De La Vega Council Member Monica Perez 16. FINAL DECISIONS 17. ADJOURNMENT REPORT: Council President Tundidor adjourned the meeting at 8:53 p.m. NEXT CITY COUNCIL MEETING: Tuesday, September 10, 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).

Agenda

Esteban Bovo, Jr. Council Members Mayor B ryan C alvo Jesus Tundidor M elinda de la V ega President M onica Perez L uis R odriguez Jacqueline Garcia-Roves C arl Z ogby Vice President City Council Meeting Agenda August 27, 2024 5:30 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION GIVEN BY MARBELYS FATJO, CITY CLERK 4. PLEDGE OF ALLEGIANCE TO BE LED BY Council Member Rodriguez 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). 6. COMMENTS AND QUESTIONS 7. PRESENTATIONS A. The Parks and Recreation Department recognizes the Hialeah Elite Basketball and Dance Teams. (PARKS AND COMMUNITY ENGAGEMENT DEPARTMENT) B. Presentation by the Parks and Community Engagement Department regarding current and future projects. (ADMINISTRATION) 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA 9. BOARD APPOINTMENTS A. RESO LU TI O N : Proposed resolution re-appointing Carolina Naveiras as a member of the Cultural Affairs Committee for the City of Hialeah for a two (2)- year term ending on March 8, 2026; and providing for an effective date. (APPOINTMENT OF THE CITY COUNCIL) Nominated by Council President Tundidor. B. RESO LU TI O N : Proposed resolution re-appointing Odalys Menegia to the Cultural Affairs Committee of the City of Hialeah, Florida for a two (2)-year term ending on April 11, 2026; and providing for an effective date. (APPOINTMENT OF THE CITY COUNCIL) Nominated by Council Member Rodriguez. 10. CONSENT AGENDA All items listed with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember, 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. A. Request permission to approve the minutes of the Council Meeting held on August 13, 2024. (OFFICE OF THE CITY CLERK) B. Request permission to ratify pending invoices for completed work consisting of installing burglar alarms at various City departments and increase the expenditure amount to VCS Tech Systems, LLC, by an additional $25,000.00, for a total cumulative expense amount not to exceed $45,000.00. On April 13, 2021, the City Council (Item I) awarded Bid No. 2020-2021-8500-36-004 - Burglar Alarm Monitoring Service, Maintenance, and Equipment at all City Facilities to this vendor for a term of three years with the option to renew for an additional two years in two one year increments. (INFORMATION TECHNOLOGY DEPARTMENT) C. RESO LU TI O N : Proposed resolution approving the selection of A-1 Property Services Group, Inc. (vendor) for the roofing replacement of the baseball dugouts at Babcock Park in accordance with the terms, conditions, and specifications contained in Invitation to Quote (ITQ) #2023-24-049, attached hereto and made a part hereof as "Exhibit A"; and authorizing the Mayor or his designer 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 exceed $34,383.80 which includes a 10% contingency, for the roofing replacement of the baseball dugouts at Babcock Park; and authorizing the Mayor or his designer to sign any related and customary purchasing documents to effectuate this resolution; and providing for an effective date. (PURCHASING) D. Request permission to increase Purchase Order No. 2024-321, issued to South Florida Appliance, Inc., to pay for pending invoices and purchase appliances, materials and parts for city-wide use, by an additional amount of $5,886.99 for the remainder of the fiscal year, for a total expense amount not to exceed $50,886.99. T h e expenditure is to be charged to the Inventory Construction and Maintenance - Account No. 001.0000.141.150. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) E. Request permission to increase Purchase Order No. 2024-318, issued to Acarssa Supply Inc, to make payment for pending invoices and purchase appliances, materials and parts to be used City-wide, by an additional amount of $35,000.00 for the remainder of the fiscal year, for a total expense amount not to exceed $62,000.00. The expenditure is to be charged to the Inventory Construction and Maintenance - Account No. 001.0000.141.150. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) F. Request permission to increase Purchase Order No. 2024-1112, issued to Royal Electrical Supply, Inc., to pay for pending invoices and purchase City-wide electrical materials and parts, by an additional amount of $9,945.02 for the remainder of the fiscal year, for a total expense amount not to exceed $34,945.02. The expenditure is to be charged to the Inventory Construction and Maintenance - Account No. 001.0000.141.150. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) G. Request permission to increase Purchase Order No. 2024-804, issued to TotalCaption, LLC, for the purchase of closed captioning services required for all public meetings held for fiscal year 2023-2024, by an amount not to exceed $25,346.50, for a total cumulative expense amount not to exceed $50,346.50. The expenditure is to be charged to the General Fund -- Professional Services - Account No. 001.0201.519.310. (INFORMATION TECHNOLOGY DEPARTMENT) H. Request permission to ratify pending invoices for completed work consisting of installing and maintaining the City's access control system, and increase the expenditure amount to VCS Tech Systems, LLC, by an additional $10,000.00, for a total cumulative expense amount not to exceed $20,000.00. The City Council, on August 24, 2021 (Item J) awarded Bid No. 2020-2021-8500-36-024 - Access Control Installation and Maintenance at all City Facilities to this vendor for a term of three years with the option to renew for an additional two years in two one year increments. (INFORMATION TECHNOLOGY DEPARTMENT) I. RESO LU TI O N: Proposed resolution approving a piggyback contract # 43230000-NASPO-16-ACS with Carasoft Technologies Corp., for additional software and services required for the Office 365 implementation; 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 Carasoft Technologies in the amount not to exceed $56,936.48, for the purchase of additional services for the Office 365 implementation and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A"; and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) J. RESO LU TI O N: Proposed resolution authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to ratify the increase of Purchase Order No. 2024-1993, issued to Robert Half Inc., for an additional amount of $11,443.92; for the payment of services rendered through June 7, 2024; approving the purchase order for a total amount not to exceed $36,433.92; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) K. RESO LU TI O N: Proposed resolution waiving small purchases procedures in excess of $25,000.00 for the purchase of secure services for customers to vault their data into cold tier storage; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order in an amount not to exceed $27,462.50, and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A"; and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) L. RESO LU TI O N: Proposed resolution approving the selection of Lawn Keepers of South Florida, Inc. (vendor) for the purchase and delivery of ground cover plants and SOD in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) No. 23-24-044, 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 a total of $274,160.99, for the purchase and delivery of ground cover plants and SOD; and authorizing the Mayor or his designer to sign any related and customary purchasing documents to effectuate this resolution; and providing for an effective date. (PURCHASING DIVISION) M. RESO LU TI O N: Proposed resolution approving the selection of VisualScape, Inc. (vendor) for the Tree Canopy Restoration Project 2023-24 in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) No. 2023-24-045, 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 $292,953.00, for the Tree Canopy Restoration Project 2023-24; and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution; and providing for an effective date. (PURCHASING DIVISION) N. RESO LU TI O N: Proposed resolution approving the selection of Fortified Security Solutions, LLC. (vendor) or the installation of a CCTV surveillance system at the Milander Complex in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) #2023-24-3130-00-042, 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 $302,808.00, which includes a 10% contingency, for the installation of a CCTV surveillance system at the Milander Complex; and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution; and providing for an effective date. (PURCHASING) O. RESO LU TI O N: Proposed resolution approving the selection of Quick Painting Group, Corp. (vendor) for the Fire Administration Building exterior waterproofing and interior painting in accordance with the terms, conditions, and specifications contained in Invitation for Bid (IFB) No. 2023-24-3230-00-035, 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 $74,360.00 which includes a 10% contingency, for the Fire Administration Building exterior waterproofing and interior painting; and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (PURCHASING DIVISION) P. RESOLUTION: Proposed resolution authorizing Hermanos de la Calle to serve as the new homeless outreach for the City of Hialeah as a sub-recipient of CDBG funds; and authorizing the allocation of Community Development Block Grant (CDBG) public service funds to support homeless outreach services in the amount of $118,440.89; further authorizing the Mayor and City Clerk to execute a Sub-Recipient Agreement in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit 1"; and authorizing a supplemental appropriation pursuant to Hialeah, Florida Charter Section 3.08(e)(1) in aforementioned amounts to the Community Development Block Grant (CDBG) program; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) Q. RESO LU TI O N : Proposed resolution authorizing the Mayor, the Chief of Police, and the City Clerk, on behalf of the City, to amend the existing Mutual Aid Agreement with the City of Hialeah Gardens as a participating Municipal Police Department to provide for additional assistance for routine and intensive law enforcement situations from the effective date of the agreement through January 1, 2025, a copy of which is part hereof as Exhibit "1"; and providing for an effective date. (POLICE DEPARTMENT) R. RESO LU TI O N : Proposed resolution authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to issue a new purchase order to Gabriel, Roader, Smith & Company, for the payment of financial consulting services to be provided to the City's Office of Management & Budget Department for a one-year term or until all required services have been completed for referenced department, whichever occurs first; and approving the issuance of the referenced purchase order in the amount of $249,999.99, for a total cumulative amount not to exceed $57,577.99 and to execute any related and customary purchasing documents to effectuate this resolution; and providing for an effective date. (FINANCE) S. Request permission to increase Purchase Order No. 2024-176, issued to Electric Sales and Service, Inc., for the purchase of starters and alternators for City trucks and vehicles, by an additional amount of $10,000.00, for a total expense amount not to exceed $35,000.00. The expenditure is to be charged to the Inventory - Parts - Construction and Maintenance - Account No. 001.0000.141.120. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) T. Request permission to increase Purchase Order No. 2024-267, issued to Manhattan Electric & Hardware Corporation, to pay for pending invoices and purchase City-wide electrical materials and parts, by an additional amount of $12,124.81 for the remainder of the fiscal year, for a total expense amount not to exceed $41,124.81. The expenditure is to be charged to the Inventory Construction and Maintenance - Account No. 001.0000.141.150. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) U. Request permission to increase Purchase Order No. 2024-567, issued to PYE-Barker Fire & Safety, LLC, to pay for pending invoices, as well as to cover any future services needed during the rest of this fiscal year, by an additional amount of $10,000.00, for a total expense amount not to exceed $35,000.00. The expenditure is to be charged to the Contractual Service Construction & Maintenance - Account No. 001.3230.591.341. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) V. Request permission to increase Purchase Order No. 2024-227, issued to Miami-Dade Electric and A/C Supply, LLC, for the purchase of cappliances, materials and parts to be used City-wide, by an additional amount of $27,000.00 for the remainder of the fiscal year, for a total expense amount not to exceed $63,200.00. The expenditure is to be charged to the Inventory Construction and Maintenance - Account No. 001.0000.141.150. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) 11. ADMINISTRATIVE ITEMS A. I TEM FO R D I SCU SSI O N: This item will be considered for a vote during the second public hearing to be held on September 10, 2024. RESO LU TI O N : Proposed resolution designating the property located at 16300 NW 97th Avenue, Hialeah, Florida 33018 and identified by Folio No. 04-2017-001-0070 and legally described herein, as a Brownfield area pursuant to Section 376.80(2)(c), Florida Statues, for the purpose of rehabilitation, job creation, and promoting economic redevelopment; authorizing the City of Hialeah to notify the Florida Department of Enviromental Protection of said designation; and providing for an effective date. (PLANNING AND ZONING) B. O RD I N A N CE : Second reading and public hearing of proposed ordinance amending Chapter 94 of the Code of Ordinances of the City of Hialeah entitled "Water and Sewers", and in particular, Hialeah Code § 94-163 entitled "Water and Wastewater Payment in lieu of Franchise Fees" to suspend the collection of the Water and Wastewater Franchise Fee to be imposed; repealing all ordinances or parts of ordinances in conflict herewith; providing for inclusion in Code; providing for a severability clause; providing for a sunset provision; and providing for an effective date. (ADMINISTRATION) On August 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for August 27, 2024. C. O RD I N A N CE : Second reading and public hearing of proposed ordinance amending Chapter 26, entitled "Code of Ethics", Article III. entitled "Lobbyists", Section 26-66 entitled "Definitions" of the Code of Ordinances of the City of Hialeah, and in particular by amending certain defined terms therein; by amending Section 26-67 entitled "Registration and Oath", to provide for expanded registration requirements; by creating a new Section 26-68 to be entitled "Fees, Exceptions, and Violations" establishing lobbyist fees as are specified therein; and by repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for inclusion in the code; providing for a severability clause; and providing for an effective date. (ADMINISTRATION) OnAugust 13, 2024, the City Council approved the proposed ordinance on first reading. Second reading and public hearing is scheduled for August 27, 2024. D. O RD I N A N CE : Second reading and public hearing of proposed ordinance repealing in part Chapter 2 of the Code of Ordinances of the City of Hialeah entitled "Administration," Article III entitled "Boards, Commissions, and Committees," Division 7 entitled "Charter School Oversight Committee" Section 2-750 entitled "Established," Section 2-751 entitled "Composition, Compensation and Term of Service," Section 2-752 entitled "Meetings," Section 2-753 entitled "Supervisory Responsibilities," Section 2-754 entitled "Duties and Powers"; and amending Division 7 entitled "Charter School Oversight Committee" to be entitled "Transfer of Charter School to Academica Dade LLC" and creating a new section under Division 7, Section 2-755, to be entitled "Rights, Duties, and Obligations" establishing the transfer of operation and supervision of the City's sponsored charter school, the City of Hialeah Educational Academy ("COHEA") to Academica Dade, LLC.; and repealing all ordinances in conflict herewith; providing for inclusion in the code; providing for a severability clause; and providing for an effective date. On August 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for August 27, 2024. E. O RD I N A N CE : Second reading and public hearing of proposed ordinance waiving competitive bidding; and approving a Second Amendment to the Exclusive Franchise Agreement for the collection of residential recyclable material granted to World Waste Recycling, Inc., a Florida corporation, the predecessor in interest to Coastal Waste & Recycling of Florida, Inc., a Florida corporation, pursuant to Hialeah, Florida Ordinance 2018- 042 (May 22, 2018); extending the agreement for a term beginning upon execution of the "Second Amendment to Exclusive Franchise Agreement" ("Second Amendment") by the parties and ending on September 30, 2025; providing for subsequent renewals of the agreement at the option of the parties, for a term of one year at each renewal, with a cumulative duration of all subsequent renewals not exceeding a total of five years; amending the agreement to be consistent with current collection services and to establish new requirements; approving the Second Amendment, in substantial conformity with Exhibit "A,", which is attached hereto and made a part hereof; authorizing the Mayor and the City Clerk, as attesting witness, on behalf of the City, to execute the Second Amendment; repealing all ordinances or parts of ordinances in conflict herewith; providing for a severability clause; and providing for an effective date. (ADMINISTRATION) On August 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for August 27, 2024. F. O RD I N A N CE : First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 78, enitiled "Solid Waste", amending § 78-160 "Applications for Non-Exclusive Franchises" and § 78-162 "Waste Services Permit" providing for new insurance requirements and bonds and alternate security amounts and creating a new subsection delineating an application process that includes mandatory administrative costs for a new and renewal application; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (DEPARTMENT OF PUBLIC WORKS) 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Report to the City Council of financial disclosure submittals for the year ending in 2023, pursuant to Section 26-36(d) of the Hialeah City Code. (OFFICE OF THE CITY CLERK) 14. LAND USE AMENDMENTS A. O RD I N A N CE : Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Major Institutions; property located at 375 East 17 Street, 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 for penalties for violation hereof; providing for a severability clause; and providing for an effective date. On August 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for August 27, 2024. Registered Lobbyist: Ceasar Mestre, 8105 Northwest 155 Street, on behalf of Lincoln Marti Charter School. On June 26, 2024, the Planning and Zoning Board recommended approval subject to the following condition: the property owner shall proffer a Unity of Title and required corrective actions including but not limited to rezoning, Conditional Use Permit and building permitting be completed within 18 months. Planner's Recommendation: Approval with conditions. Property Owner: Demetrio Perez, Jr., 2700 Southwest 8th Street, Miami, Florida 33135. B. O RD I N A N CE : Second reading and public hearing of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Commercial; property located at southeast corner of West 72 Street and West 12 Avenue Hialeah, zoned R-3 (Multiple Family District) and legally described h e r e i n ; 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. On August 13, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for August 27, 2024. Registered Lobbyist: Boris Morales, 8801 Northwest 15th Street, Doral, Florida 33172, on behalf of Sunshine Dade Investments, LLC. On June 26, 2024, the Planning and Zoning Board recommended approval subject to the condition that the applicant proffers and records a Unity of Title. Planner's Recommendation: Approval with a Unity of Title required. Property Owner: Sunshine Gasoline Distributor Inc., (100% Parent Company of SDI), Marino Alvarez, Esther Alvarez, Marino Alvarez Irrevocable Family Trust, 1650 Northwest 87th Avenue, Doral, Florida 33172 C. O RD I N A N CE : First reading of proposed ordinance amending the Future Land Use Map from Residential Office to Commercial; properties located at 1420 West 68 Street and 1480 West 68 Street (Residential Office District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Nothwest 155th Street, Miami Lakes, Florida 33016, on behalf of Lago Bello Property Holdings, LLC. On August 14, 2024, the Planning and Zoning Board recommended approval with the condition that the applicant proffer and record a Unity of Title. Planner's Recommendation: Approval with conditions. Property Owner: Vista Lago, 850 Northwest 42 Avenue, Suite 201, Miami, Florida 33126. 15. PLANNING AND ZONING Administration of Oath to all applicants and anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item. Attention Applicants: a. Items approved by the City Council are subject to the Mayor's approval or veto. The Mayor may withhold his signature or veto the item. If the Mayor's signature is withheld, the item is not effective until the next regularly scheduled meeting. If the Mayor vetoes the item, the item is rejected unless the Council overrides the veto at the next regular meeting. A. O RD I N A N CE : Second reading and public hearing 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. On August 13, 2024, the item was postponed until the City Council Meeting of August 27, 2024. Second reading and public hearing is scheduled for August 27, 2024. On June 25, 2024, the City Council approved the item on first reading as amended as follows: Applicant must provide Restrictive Covenants, parking will not be used for commercial purposes, parking will not be rented and will only be used for the church, and Parking Plan will be presented by the applicant for Debora Storch's review and approval. Second reading and public hearing is scheduled for August 13, 2024. On June 11, 2024, the applicant requested item to be postponed until June 25, 2024. First reading is scheduled for June 25, 2024. 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. B. O RD I N A N CE: First reading of proposed ordinance rezoning property from R-3 (Multiple-family District ) to C-3 (Extended Liberal Commercial District) ; property located at the SE corner of West 72 nd Street and West 12 t h Avenue, Folio No . 04-2025-015-0140, Hialeah , z o n e d R-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. Registered Lobbyist: Boris Morales, 8801 Northwest 15th Street, Doral, Florida 33172, on behalf of Sunshine Dade Investments, LLC. On August 14, 2024, the Planning and Zoning Board recommended approval subject to the following conditions: 1. The project has to go through site plan review and since this parcel is adjacent to a residential zone, a wall (six-foot high masonry wall or a solid fence) with a minimum five (5) feet landscaping bufferi is required. 2. Landscaping plans are to be required during the site plan review. Landscaping plan shall reflect compliance with the City's landscaping manual requirements. Shall obtain a Miami-Dade County Tree Removal Permit Approval for any tree removal 3. Parking count for the gas station has to meet the minimum parking requirements (req./1ps/200 square feet of gross area). Proposed 2,041 square feet of gross area = 10.2 parking space. Planner's Recommendation: Approval with conditions. Property Owner: Sunshine Gasoline Distributor Inc., (100% Parent Company of SDI), Marino Alvarez, Esther Alvarez, Marino Alvarez Irrevocable Family Trust, 1650 Northwest 87th Avenue, Doral, Florida 33172 C. O R D I N A N C E: First reading of proposed ordinance granting a variance permit to allow 238 parking spaces, where 243 parking spaces are required; and 10.03% pervious area, where 18% is the minimum pervious area required; in contrast to Hialeah Code of Ordinances § 98-2189(3) and Paragraph E of the City of Hialeah Landscape Manual dated December 13, 2022, entitled Tree and Lawn Requirements by Zoning Classification. Property is located at 1900 West 60th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Mike Scavuzzo, 7600 West 20th Avenue, Suite 2A, on behalf of Ark Real Estate, LLC/ Santa Clara Plaza, LLC. On June 26, 2024, the Planning and Zoning Board recommended approval subject to the condition that the applicant provide paving and drainage plans, and a landscape re-certification during the building permit process. Planner's Recommendation: Approval with conditions. Property Owner: Arik Bouskila, 2890 Northeast 207th Street, Suite 808, Aventura, Florida 33180. D. O R D I N A N C E: First reading of proposed ordinance granting a Variance Permit to allow the expansion of a legal non-conforming use of an existing daycare; 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 24 students in conjunction with a 24 children daycare; property located at 6861 West 14 Court, Hialeah, zoned C-1 (Restricted Retail Commercial District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Ceasar Mestre, 8105 Northwest 155th Street, Miami Lakes, Florida, on behalf of Three Flags Academy, Inc. On August 14, 2024, the Planning and Zoning Board recommended approval subject to the conditions: 1.Submit building and street permit to create two (2) parking spaces on-site and at least two (2) parking spaces on-street according to the plans submitted, signed and sealed by Jose A. Martinez, dated May 30, 2024. These permits shall be obtained prior to the approval of the Change of Use. 2. Restrict the maximum capacity to 24 daycare children and 24 school children in K-3 grades. 3. Enter into a Declaration of Restrictions and obtain a Change of Use for the school. Planner's Recommendation: Approval of the Conditional Use Permit and the parking variance with conditions. Property Owners: Dania Jurado, 14003 Southwest 9th Street, Miami, Florida 33184 and Migda Navarro, 11365 Southwest 248 Lane, Homestead, Florida 33032. E. O R D I N A N C E: First reading of proposed ordinance granting a Variance Permit to allow residential use only, where mixed use is required; allow residential use on the ground floor, where residential use is only allowed above the ground floor; allow 24 units with an area less than 850 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; allow a site area of 17,861 square feet with a street frontage of 180.20 feet, where a minimum site area of 20,000 square feet and a minimum street frontage of 200 feet are required; allow a front setback of 5 feet 1 inch fronting East 6th Avenue, where 10 feet built-to-line are required; allow surface parking facing East 6th Avenue, where surface parking shall not be located at the front of the building; allow 25 parking spaces, where 54 parking spaces are required; and allow 22% pervious area, where 30% pervious area is the minimum required, in contrast to Hialeah Code of Ordinances §§ 98-1630.1, 98-1630.2, 98-1630-3 (c) and (d), 98-1630.8, 98-1630.3(e)(1), 98-1630.3(e)(4), 98- 2189(16)a., 98-2189(16)b., and 98-2232; property located at 595 East 9th Street, Hialeah, zoned C-2 (Liberal Retail Commercial District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Registered Lobbyist: Hugo P. Arza, Alejandro J. Arias, Alessandria San Roman and Erica C. Adams, on behalf of Prestige Builders Construction Management, LLC. On August 14, 2024, the Planning and Zoning Board recommended approval with the following conditions: 1. Provide a Declaration of Restriction prior to Council's second reading proffering NBD incentives. 2. The project is to be developed according to the plans prepared by Alberto O. Gonzalez signed and sealed on August 2, 2024, plans which include color renderings that shall match the main design intent of the project. Planner's Recommendation: Approval with conditions. Property Owner: CLS Investments Inc., 6500 Cowpen Road, Suite 202, Miami Lakes, Florida 33014. F. O R D I N A N C E: 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; granting a Variance Permit to allow residential use only, where mixed use is required and allow residential use on the ground floor, where residential use is only allowed above the ground floor; allow 24 units with an area less than 850 square feet, where 850 square feet is the minimum required and only 10% of the units may have an area of 600 square feet; allow a site area of 17,148 square feet with a street frontage of 109.16 feet, where a minimum site area of 20,000 square feet and a minimum street frontage of 200 feet are required; granting a Variance to waive the building mass and building frontage development standards; allow a front setback of 4 feet 8 inches fronting East 21st Street, where 10 feet built-to-line are required; allow a rear setback of 4 inches, where 15 feet are required; allow surface parking facing East 21st Street, where surface parking shall not be located at the front of the building; allow 31 parking spaces, where 54 parking spaces are required; and allow 15.3% pervious area, where 30% pervious area is required; in contrast to Hialeah Code of Ordinances §§ 98- 1630.1, 98-1630.2, 98-1630-3 (c) and (d), 98-1630.8, 98-1630.3(e)(1), 98-1630.3(e)(2), 98-1630.3(e)(4), 98- 2189(16)a., and 98-2232; property located at 701 East 21st Street, Hialeah, zoned R-3-2 (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. Registered Lobbyist: Hugo P. Arza, Alejandro J. Arias, Alessandria San Roman and Erica C. Adams, on behalf of Prestige Builders Construction Management, LLC. On August 14, 2024, the Planning and Zoning Board recommended approval with the following conditions: 1. Two pieces of artwork, mural facing East 21st Street, and an artwork piece at street level. 2. Storefront windows at the ground level, multi-purpose room, and screening at hallways according to plan sheet A-4. 3. Enhance landscaping with planters and quality trees surrounding the property, exterior lighting, improve entrance, and a domino and dog walking area. Planner's Recommendation: Approval with conditions. Property Owner: Alexander Ruiz, 16400 Northwest 59 Avenue, Miami Lakes, Florida 33014. G. O RD I N A N CE: First reading of proposed ordinance approving a final plat of Verdot; 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 4300 West 12 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. On August 14, 2024, the Planning and Zoning Board recommended approval. Planner's Recommendation: Approval. Property Owner: Verdot at Hialeah, LLC Fla. Limited Liability Co. H. O R D I N A N C E : First reading of proposed ordinance approving a Final Plat of Emerald Bay; 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 4030 West 8 Street, Hialeah, Florida, and legally described 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. On August 14, 2024, the Planning and Zoning Board recommended approval. Planner's Recommendation: Approval. Property Owner: Gonzalez Property Investments, LTD. 16. FINAL DECISIONS 17. ADJOURNMENT NEXT CITY COUNCIL MEETING: Tuesday, September 10, 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).

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