City Council

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 September 10, 2024 5:30 p.m. 1. CALL TO ORDER REPORT: Council President Tundidor called the meeting to order at 5:33 p.m. 2. ROLL CALL REPORT: Council Member Calvo arrived at approximately 5:58 p.m. during Presentation Item 7A. Present: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby Staff Present: Esteban Bovo, Jr., Mayor Marbelys Fatjo, City Clerk Rafael Suarez-Rivas, City Attorney 3. INVOCATION Invocation given by Marbelys Fatjo, City Clerk. 4. PLEDGE OF ALLEGIANCE Council Member Zogby led the Pledge of Allegiance. 5. MEETING GUIDELINES The following guidelines have been established by the City Council: ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK As a courtesy to others, please refrain from using cellular telephones or other similar electronic  devices in the Council Chamber. A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker's comments will be limited to three (3) minutes. No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber. Any person, whether participating via the web platform, telephonic conferencing or physical presence at City Hall, interested in making comments or posing questions on matters of public concern or on any item on the agenda, may do so during the meeting. Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker's comments will be limited to three (3) minutes. The public can view public meetings on the City's YouTube page (www.youtube.com/cityofhialeahgov). 6. COMMENTS AND QUESTIONS The following registered speakers spoke: A. Eric Johnson, Local 1102, welcomed Council Member de la Vega. B. Jose Azze, 788 Southeast Park Drive, Hialeah, Florida, spoke regarding the Parks and Community Engagement Department. C. Juan Santana, 5601 West 10th Avenue, Hialeah, Florida, spoke regarding the City of Hialeah Educational Academy and a water issue. 7. PRESENTATIONS A. Presentation by Kevin Lynskey, Director of the Hialeah Department of Public Works. (MAYOR BOVO) REPORT: Item 7A was considered out of the order of the agenda, following Item 7B. REPORT: During the presentation, Mr. Lynskey illustrated a visual presentation which is on file with the Office of the City Clerk. B. The Parks and Community Engagement Department recognizes the Hialeah Elite Basketball and Dance Teams. (PARKS AND COMMUNITY ENGAGEMENT DEPARTMENT) REPORT: Item 7B was heard out of the order of the agenda as first during the Presentations portion of the meeting. REPORT: Mayor Bovo spoke. REPORT: William Sanchez, Director of the Department of Parks and Community Engagement, 900 East 56 Street, Hialeah, Florida, spoke. REPORT: Gian Barzaga, Supervisor of the Parks and Recreation Department, 900 East 56 Street, Hialeah, Florida, spoke. REPORT: Ashly Deschapell, with the Parks and Recreation Department, 4200 West 8 Avenue, Hialeah, Florida, spoke. C. Mayor Bovo proclaims September 9, 2024 as Missing Children's Day in the City of Hialeah.  (MAYOR BOVO) REPORT: Mayor Bovo spoke. D. The Planning and Zoning Department speaks regarding the Hialeah 2050 upcoming open houses. (PLANNING AND ZONING) REPORT: Debora Storch, Planning and Zoning Official, spoke. REPORT: Mayor Bovo spoke. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA A. In accordance with Section 376.80 of the Florida Statutes, today we will hold the second public hearing for adoption of a proposed resolution (as provided for in Administrative Item 11 A) 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. B. Administrative Item 11 B is postponed until the City Council Meeting of September 24, 2024. C. Consent Item 10 AA has been added to today's agenda. 9. BOARD APPOINTMENTS 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 Item H. REPORT: Council Member Perez requested separate discussion on Consent Item Z. REPORT: Council President Tundidor requested separate discussion on Consent Item AA. Motion by Vice President Jacqueline Garcia-Roves, seconded by Council Member Monica Perez REPORT: The Consent Agenda is approved 7-0, except items H, Z and AA. AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby A. Request permission to approve the minutes of the City Council Meeting of August 27, 2024. (OFFICE OF THE CITY CLERK) A PPRO V ED 7-0 B. Request permission to enter into a three (3) year rental agreement with Turf Tank, (sole source vendor) the sole distributor in North America for the Turf Tank Robot, for field painting services in order to paint the City logo on fields throughout City parks, in a total cumulative expense amount not to exceed $30,200.00, cost which includes an initial setup fee of $1,700.00 and a custom graphic in the amount of $1,500.00.  The funding for this expenditure is to be drawn against the Park & Recreation - General Fund - Repair & Maintenance - Infrastructure Account No. 001.3130.572.467. (PARKS AND COMMUNITY ENGAGEMENT DEPARTMENT) APPROVED 7-0 C. Request permission to increase Purchase Order # 2024-243, issued to Metro Ford, Inc., the exclusive dealer for Ford parts and accessories, for the purchase of Ford OEM parts and accessories for all City vehicles, by an additional amount of $10,000.00, for a new total cumulative expense amount not to exceed $35,000.00. T h e funding for this expenditure is to be drawn against Inventory - Auto Parts Account No. 001.0000.141.120. (FLEET MAINTENANCE DEPARTMENT) A PPRO V ED 7-0 D. RESOLUTION: Proposed resolution approving a piggyback off of the Texas Region XIV Education Service Center Contract # 01-143 for computer equipment, desktops, laptops, tablets, services and storage including related peripherals and services; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to increase the allowable amount spent with vendor Dell Marketing L.P. in the amount not to exceed $1,250,000.00 for the purchase of computer equipment, desktops, laptops, tablets, services and storage and related peripherals and services 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) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-229 E. Request permission to increase Purchase Order # 2024-651, issued to TPH Holdings Florida, LLC, for the purchase of original equipment manufacturer and aftermarket parts for all City apparatus, by an additional amount of $10,000.00, for a new total cumulative amount not to exceed $85,000.00. The funding for the expenditure is to be drawn against the Inventory-Auto Parts Account No. 001.0000.141.120. (FLEET MAINTENANCE DEPARTMENT) A PPRO V ED 7-0 F. Request permission to increase Purchase Order # 2024-201, issued to Ten-8 Fire & Safety, LLC., for the purchase of specialized parts and accessories for fire and rescue trucks, by an additional amount of $10,000.00, for a new total cumulative amount not to exceed $35,000.00. The funding for the expenditure is to be draw against the Inventory - Parts Account No. 001.0000.141.120. (FLEET MAINTENANCE DEPARTMENT) APPROVED 7-0 G. 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 enter into a Professional Services Agreement with Jorge Leon Car Wash, Inc., to provide wash and detail services for the City's transit buses and transit vehicles, for a term of one (1) year, in an amount not to exceed $69,160.00 for fiscal year 2025; and providing for an effective date. (TRANSIT)  A PPRO V ED 7-0 RESO LU TI O N N O. 2024-230 H. R E S O L U T I O N : Proposed resolution accepting and authorizing the appropriation of additional Emergency Rent Assistance (ERA-2) funds awarded to the City by the U.S. Department of the Treasury for $946,758.72, for the provision of rent and utility services to eligible residents and ensuring administrative compliance in the expenditure of these funds; further authorizing the Mayor or his designee to submit all required reports to the U.S. Department of the Treasury as programmatically required; and authorizing a supplemental appropriation pursuant to Hialeah, Fla. Charter Section 3.08(e)(1) in aforementioned amounts to Emergency Rental Assistance (ERA) Program budget; providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-231 REPORT: Daniella Tamayo, Hialeah Grants and Human Services Department, spoke on the item. Motion by Council Member Bryan Calvo, seconded by Vice President Jacqueline Garcia-Roves AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby I. RESO LU TI O N: Proposed resolution approving the selection of MV Contract Transportation, Inc. (vendor) for the operation of the City's municipal circulator services for a term of five (5) years in accordance with the terms, conditions, and specifications contained in the Request for Proposal #2023-24- 3220-24-025, 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 $1,560,900.00 per year, for the operation of the City's municipal circulator services; 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) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-232 J. Request permission to issue a purchase order to Lawmen's & Shooters' Supply, Inc., for the purchase of uniforms for the City's police officers, particularly the new recruits who are expected to graduate soon from the Police Academy, in a total cumulative expense amount not to exceed $31,068.36. The funding for this expenditure is to be drawn against the General Fund - Uniforms & Clothing Allowance Account # 001.1000.521.525. (POLICE DEPARTMENT) A PPRO V ED 7-0 K. RESO LU TI O N: Proposed resolution waiving competitive bidding; and authorizing the Mayor or the City of Hialeah Police Chief as the Mayor's designee and the City Clerk, as attesting witness, on behalf of the City, to execute all necessary documents of the Police Recruit Sponsorship Program with Miami-Dade College; and approving the issuance of a purchase order for the Police Recruit Sponsorship Program in an amount not to exceed $103,482.54, and providing for an effective date.  (POLICE DEPARTMENT) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-233 L. R E S O L U T I 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 issue and execute a purchase order to Mowrey Elevator Company of Florida Inc., for elevator monitoring and repair services; approving the expenditure in an amount not to exceed $87,641.15; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-234 M. Request permission to issue a purchase order to Response Marketing, Inc., for the purchase of new office furniture branded Xdustrial Series (the exclusive brand of Modern Office) for the Information Technology Department, in a total cumulative expense amount not to exceed $60,000.00. The funding for this expenditure is to be drawn against the General Fund Information Technology's Capital Outlay - Equipment Account # 001.0201.519.640. (INFORMATION TECHNOLOGY DEPARTMENT) A PPRO V ED 7-0 N. R E S O L U T I O N : Proposed resolution waiving competitive bidding; and authorizing the Mayor or his deisgnee and the City Clerk, as attesting witness, on behalf of the City, to ratify emergency roof repairs to the City's Fire Station #7 and Walker Park, and to execute such other procurement documents as needed to effectuate this resolution; and to furthermore ratify Purchase Orders #2024-2476 and #2024-2477 respectively to Amador Roofing Corp. for the purpose of completing referenced emergency roof repairs in an amount not to exceed $7,250.00, for a total cumulative amount of $229,288.89. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-235 O. Request permission to ratify the emergency roof repairs to the Fire Administration Building resulting after Storm Invest 90L in that leaks damaged the existing roof and emergency repairs were necessary to prevent further damage to the building, and issue a purchase order to Z Roofing & Waterproofing, Inc., in a total cumulative expense amount not to exceed $25,258.00. The funding for this expenditure is to be drawn against the General Fund - Repair & Maint - Building Account # 001.8500.519.461. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) A PPRO V ED 7-0 P. 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 a purchase order to Castilla Glass & Mirror Glass Inc. for glass, window and door repairs, approving the expenditure in an amount not to exceed a total of $70,586.00, as set forth herein; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-236 Q. Request permission to increase Purchase Order # 2024-859, issued to Miami Tiresoles, for the purchase of tires for City vehicles, by an additional amount of $25,000.00, for a new total cumulative expense amount not to exceed $175,000.00. The funding for this expenditure is to be drawn against Account Number 001.0000.141.120. (FLEET MAINTENANCE DEPARTMENT) A PPRO V ED 7-0 R. Request permission to increase Purchase Order # 2024-67, issued to Trimline Graphics International, Inc., vendor providing the lowest quotation, to pay for outstanding and upcoming invoices related to the manufacturing and installation of decals for City vehicles, by an additional $15,000.00, for a new total cumulative expense amount not to exceed $40,000.00. The funding for this expenditure is to be drawn against the Contractual Services - Charge Back to Other Departments Account No. 001.3220.591.341. (FLEET MAINTENANCE DEPARTMENT) A PPRO V ED 7-0 S. Request permission to increase Purchase Order # 2024-1164, issued to Burgess Chambers & Associates, Inc., vendor utilized by the City of Hialeah Elected Officials Retirement Plan for professional services, by an additional amount of $3,250.00, for a new total cumulative expense amount not to exceed $21,250.00. The funding for this expenditure is to be drawn against Account # Professional Services Account No. 602.8500.513.311. (RETIREMENT DIVISION) A PPRO V ED 7-0 T. Request permission to increase Purchase Order # 2024-906, issued to Broward Nelson Fountain Service, for the purchase of application of Carbon Dioxide in the City's pools and servicing the pools, by an additional amount of $8,000.00, for a new total cumulative expense amount not to exceed $33,750.00. The funding for this expenditure is to be drawn against Repair & Maintenance Pools Account # 001.3130.572.464. (PARKS AND COMMUNITY ENGAGEMENT DEPARTMENT) A PPRO V ED 7-0 U. RESO LU TI O N: Proposed resolution approving a renewal and extending the agreement between the City of Hialeah ("City") and Ceres Environmental, Inc., ("Contractor") for disaster recovery and debris removal services for a period not to exceed two years with the same terms and conditions to apply from the original contract entered into on September 13, 2021 and attached hereto as Exhibit "A"; and providing for an effective date. (PURCHASING DIVISION) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-237 V. RESO LU TI O N: Proposed resolution approving a renewal and extending the agreement between the City of Hialeah ("City") and Southern Disaster Recovery, LLC, ("Contractor") for disaster recovery and debris removal services for a period not to exceed two years with the same terms and conditions to apply from the original contract entered into on September 13, 2021 and attached hereto as Exhibit "A"; and providing for an effective date.  (PURCHASING DIVISION) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-238 W. RESO LU TI O N: Proposed resolution approving a renewal and extending the agreement between the City of Hialeah ("City") and DRC Emergency Services, LLC, ("Contractor") for disaster recovery and debris removal services for a period not to exceed one year with the same terms and conditions to apply from the original contract entered into in 2021 and attached hereto as Exhibit "A"; and providing for an effective date. (PURCHASING DIVISION) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-239 X. RESO LU TI O N: Proposed resolution approving a renewal and extending the agreement between the City of Hialeah ("City") and Thompson Consulting Services, LLC, ("Contractor") for disaster debris monitoring services for a period not to exceed two years with the same terms and conditions to apply from the original contract entered into on September 13, 2021 and attached hereto as Exhibit "A"; and providing for an effective date. (PURCHASING DIVISION) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-240 Y. R ESO LU T I O N: Proposed resolution authorizing the Mayor and the City Clerk, on behalf of the City, to enter into a Mutual Aid Agreement with the Town of Bay Harbor Islands as a participating municipal police department to provide for the requesting and rendering of assistance for routing and intensive law enforcement situations from the effective date of the agreement through September 30, 2028, a copy of which is part hereof as Exhibit "1", and providing for an effective date. (POLICE DEPARTMENT) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-241 Z. R ESO LU T I O N: Proposed resolution of the Mayor and City Council expressing its full and unequivocal support for observing and honoring Patriot Day and declaring September 11, 2024, as the National Day of Service and Remembrance; noting instructions to City administration and veterans' boards; providing for transmittal of the resolution by the City Clerk; and providing for an effective date. (SPONSOR: COUNCIL MEMBER PEREZ) (CO-SPONSOR: MAYOR BOVO) A PPRO V ED 7-0 RESO LU TI O N N O. 2024-242 Motion by Vice President Jacqueline Garcia-Roves, seconded by Council Member Melinda De La Vega AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby AA. ADD-ON ITEM  RESOLUTION: Proposed resolution authorizing an intergovernmental transfer in an amount not to exceed $647,878.48 as the City's share of the funding requirements to the State of Florida Agency for Health Care Administration as part of the City's participation in the Public Emergency Medical Transportation Program for Supplemental Medicaid Reimbursements; approving and authorizing the execution of a Letter of Agreement between the State of Florida Agency for Healthcare Administration and the City of Hialeah, attached as "Exhibit 1"; for a period beginning July 1, 2023 and ending June 30, 2024; authorizing the Mayor or his designee to execute all required agreements and documents to participate in the Intergovernmental Transfers and Supplemental Payment Program for Medicaid Managed Care Patients; providing for transmittal of this resolution by the City Clerk; and providing for an effective date. (FIRE DEPARTMENT) APPROVED 7-0 RESOLUTION NO. 2024-243 REPORT: Willians Guerra, Fire Chief, 83 East 5 Street, spoke on the item. Motion by Vice President Jacqueline Garcia-Roves, seconded by Council Member Melinda De La Vega AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby 11. ADMINISTRATIVE ITEMS A. PU BLI C H EA RI N G 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 Statutes, for the purpose of rehabilitation, job creation, and promoting economic redevelopment; authorizing the City of Hialeah to notify the Florida Department of Environmental Protection of said designation; and providing for an effective date. (PLANNING AND ZONING) The first public hearing was held on August 27, 2024. The item was discussed and no vote was recorded. The second public hearing is scheduled for September 10, 2024. A PPRO V ED 7-0 RESO LU TI O N N O. 2024-244 REPO RT: Michael Goldstein with the Goldstein Environmental Law Firm, on behalf of the applicant, spoke on the item. Motion by Council Member Luis Rodriguez, seconded by Vice President Jacqueline Garcia-Roves AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby B. I TEM I S PO STPO N ED U N TI L TH E CI TY CO U N CI L M EETI N G O F SEPTEM BER 24, 2024.  O RD I N A N CE : Second reading and public hearing of proposed ordinance amending the Hialeah Code of Ordinances Chapter 78, entitled "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) On August 27, 2024, the City Council approved the proposed ordinance on first reading. Second reading and public hearing is scheduled for September 10, 2024. 12. UNFINISHED BUSINESS 13. NEW BUSINESS REPORT: Council Member Calvo spoke regarding the incineration plan and Palmetto Hospital. 14. CITY COUNCIL'S NEW BUSINESS REPORT: Council Member Perez led in singing happy birthday to Hialeah (99 years). 15. 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 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. On August 27, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 10, 2024. 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. A PPRO V ED 7-0 O RD I N A N CE N O. 2024-083 REPORT: Council President Tundidor opened the item for public participation and no one expressed interest in speaking. Motion by Council Member Carl Zogby, seconded by Council Member Luis Rodriguez AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby B. O R D I N A N C E: First reading of proposed ordinance amending the Future Land Use Map from Low- Density Residential to Transit-Oriented Development District; property located at 942 East 28 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  severability clause; and providing for an effective date. Registered Lobbyist: Jorge L. Navarro, Esq. and Carlos Diaz, Esq., 333 Southeast 2 Avenue, 44th Floor, Miami, Florida 33131, on behalf of Midtown Park, LLC. On August 28, 2024, the Planning and Zoning Board recommended approval. Planner's Recommendation: Approval. Property Owner: Midtown Park, LLC (Pablo Jose Gonzalez), 250 Northeast 25 Street, Suite 203, Miami, Florida 33137 A PPRO V ED 7-0 SECO N D REA D I N G A N D PU BLI C H EA RI N G I S SCH ED U LED FO R SEPTEM BER 24, 2024. REPORT: Carlos Diaz, Esq., registered lobbyist, on behalf of the applicant, spoke on the item and illustrated a visual presentation which is on file with the Office of the City Clerk. Motion by Council Member Carl Zogby, seconded by Council Member Luis Rodriguez AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby C. O RD I N A N CE : First reading of proposed ordinance amending the Future Land Use Map from Low- Density Residential to High-Density Residential; property located at 533 East 22 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 severability clause; and providing for an effective date. On August 28, 2024, the Planning and Zoning Board recommended approval. Planner's Recommendation: Approval. Property Owner: 533 East 22 Street LLC (Alex Ariella) A PPRO V ED 7-0 SECO N D REA D I N G A N D PU BLI C H EA RI N G I S SCH ED U LED FO R SEPTEM BER 24, 2024. Motion by Council Member Luis Rodriguez, seconded by Vice President Jacqueline Garcia-Roves AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby 16. 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: 1. 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-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. On August 27, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 10, 2024. 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 of five (5) feet landscaping buffer 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 (1 parking space per 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 A PPRO V ED 7-0 O RD I N A N CE N O. 2024-084 REPORT: Council President Tundidor opened the item for public participation and no one expressed interest in speaking. Motion by Council Member Carl Zogby, seconded by Vice President Jacqueline Garcia-Roves AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby B. TH I S I TEM H A S BEEN W I TH D RAW N BY TH E A PPLI CA N T O RD I N A N CE : Second reading and public hearing 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. On August 27, 2024 the City Council approved the item on first reading as amended. The Variance Permit portion of hte item is removed from teh approval as it is necessary that it be properly noticed. The approval is valid only for the Conditional Use Permit. Second reading and public hearing is scheduled for September 10, 2024. 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. C. O RD I N A N CE: Second reading and public hearing 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. On August 27, 2024, the City Council approved the item on first reading. Second reading is scheduled for September 10, 2024. Registered Lobbyists: 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 the City 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. A PPRO V ED 7-0 O RD I N A N CE N O. 2024-085 REPORT: Council President Tundidor opened the item for public participation and no one expressed interest in speaking. Motion by Vice President Jacqueline Garcia-Roves, seconded by Council Member Luis Rodriguez AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby D. O RD I N A N CE : Second reading and public hearing of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the Neighborhood Business District (NBD) overlay; granting a Variance Permit to allow 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. On August 27, 2024, the City Council approved the item on first reading. Second reading is scheduled for September 10, 2024. Registered Lobbyist: Hugo P. Arza, Alejandro J. Arias, Alessandria San Roman and Erica C. Adams, on behalf of Prestige Builders Construction Management, LLC. On 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. A PPRO V ED 7-0 O RD I N A N CE N O. 2024-086 REPORT: Council President Tundidor opened the item for public participation and no one expressed interest in speaking. Motion by Vice President Jacqueline Garcia-Roves, seconded by Council Member Carl Zogby AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby E. O RD I N A N CE : Second reading and public hearing 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 27, 2024, the City Council approved the item on first reading. Second reading is scheduled for September 10, 2024. 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. A PPRO V ED 7-0 O RD I N A N CE N O. 2024-087  REPORT: Council President Tundidor opened the item for public participation and no one expressed interest in speaking. Motion by Council Member Luis Rodriguez, seconded by Vice President Jacqueline Garcia-Roves AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby F. O RD I N A N CE : Second reading and public hearing 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. A PPRO V ED 7-0 O RD I N A N CE N O. 2024-088 REPORT: Council President Tundidor opened the item for public participation and no one expressed interest in speaking. REPORT: Debora Storch, Planning and Zoning Official, spoke. REPORT: Ceasar Mestre, Esq. addressed Council Member Calvo's questions. Motion by Council Member Bryan Calvo, seconded by Council Member Carl Zogby AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby G. I TEM I S PO STPO N ED U N TI L TH E CI TY CO U N CI L M EETI N G O F SEPTEM BER 24, 2024. 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. On August 27, 2024, the City Council tabled the item because the applicant was not present. First reading is scheduled for Septamber 10, 2024. 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. H. O RD I N A N CE : First reading of proposed ordinance rezoning property from R-1 (One-Family District) to TOD (Transit-Oriented Development District); property located at 942 East 28 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 severability clause; and providing for an effective date. Registered Lobbyists: Jorge L. Navarro and Carlos Diaz, 333 Southeast 2 Avenue, 44th Floor, Miami, Florida 33131 on behalf of Midtown Park, LLC. On August 28, 2024, the Planning and Zoning Board recommended approval with the condition that the project is to be developed in accordance with plans signed and sealed by Nidia Cardona of Caymanes Martin Architecture and Engineering Design, Inc., for the project titled Urbania Hialeah. Planner's Recommendation: Approval with conditions. Property Owner: Midtown Park, LLC (Pablo Jose Gonzalez), 250 Northeast 25 Street, Suite 203, Miami, Florida 33137 A PPRO V ED 7-0 SECO N D REA D I N G A N D PU BLI C H EA RI N G I S SCH ED U LED FO R SEPTEM BER 24, 2024. Motion by Vice President Jacqueline Garcia-Roves, seconded by Council Member Carl Zogby AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby I. O RD I N A N CE : First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-2 grade school with a maximum capacity of 15 students in conjunction with a 70 children daycare; property located at 2150 West 76 Street, Unit 101, Hialeah, zoned M-1 (I ndustrial District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for severability clause; and providing for an effective date. Registered Lobbyist: Jackeline Blanco, 2150 West 76 Street, Suite 101, Hialeah, Florida, on behalf of Steps for Learning Preschool Center. On August 28, 2024, the Planning and Zoning Board recommended approval of the Conditional Use Permit (CUP) to allow K-1 Elementary School classroom in conjunction with a 79-children daycare. Planner's Recommendation: Approve with conditions. Property Owner: Palmetto 2150 LLC - 696 Northeast 125 Street North Miami, Florida 33161 A PPRO V ED SU BJ ECT TO CO N D I TI O N S 7-0 SECO N D REA D I N G A N D PU BLI C H EA RI N G I S SCH ED U LED FO R SEPTEM BER 24, 2024. Motion by Vice President Jacqueline Garcia-Roves, seconded by Council Member Carl Zogby AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby J. O RD I N A N CE : First reading of proposed ordinance granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow a mural outside the Artist Live/Work Overlay District, in contrast to Hialeah Code of Ordinances § 98-1630.21(e); property located at 1599 West 49 Street, Hialeah, zoned C-2 (Liberal Retail Commercial District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for severability clause; and providing for an effective date. Registered Lobbyist: Adrian Gonzalez, 6728 Southwest 13 Street, Miami, Florida 33144, on behalf of Verizon Corporate Service Group Inc. On August 28, 2024, the Planning and Zoning Board recommended approval. Planner's Recommendation: Approve with conditions Property Owner: Hialeah Edens, LLC A PPRO V ED A S A M EN D ED 7-0 A M EN D M EN T: A RTI ST W I LL PRO V I D E U PD ATED SK ETCH BY SECO N D REA D I N G. SECO N D REA D I N G A N D PU BLI C H EA RI N G I S SCH ED U LED FO R SEPTEM BER 24, 2024. REPORT: Adrian Gonzalez, registered lobbyist, and Cristina Olivera, spoke on the item. REPORT: Rafael Suarez-Rivas, City Attorney, spoke. REPORT: Debora Storch, Planning and Zoning Official, spoke. Motion by Council Member Melinda De La Vega, seconded by Vice President Jacqueline Garcia-Roves AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby K. O RD I N A N CE: First reading of proposed ordinance approving a final plat of Ludlum Plaza; 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 8155 West 12 Avenue, Hialeah, 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 28, 2024, the Planning and Zoning Board recommended approval. Planner's Recommendation: Approval. Property Owner: Ludlum Plaza, LLC A PPRO V ED 7-0 SECO N D REA D I N G A N D PU BLI C H EA RI N G I S SCH ED U LED FO R SEPTEM BER 24, 2024. Motion by Vice President Jacqueline Garcia-Roves, seconded by Council Member Carl Zogby AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby L. O RD I N A N CE : First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-3 grade elementary school with a maximum capacity of 24 students in conjunction with a 24 children daycare; a Variance Permit to allow the expansion of a legal  non-conforming use of an existing daycare; and a Variance Permit to allow 2 parking spaces where 5 are required, in contrast to Hialeah Code of Ordinances § 98-218; 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, Esq., 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. A PPRO V ED 7-0 SECO N D REA D I N G A N D PU BLI C H EA RI N G I S SCH ED U LED FO R SEPTEM BER 24, 2024. REPORT: Ceasar Mestre, Esq., registered lobbyist, spoke and illustrated a visual presentation which is on file with the Office of the City Clerk. Motion by Council Member Monica Perez, seconded by Vice President Jacqueline Garcia-Roves AYE: President Jesus Tundidor Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby 17. FINAL DECISIONS A D JO U R N M E N T REPORT: Council President Tundidor adjourned the meeting at 7:42 p.m. N E X T C IT Y C O U N C IL M E E T IN G : T uesday, September 24, 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).