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 24, 2024 5:30 p.m. CALL TO ORDER REPORT: Council Vice President Garcia-Roves called the meeting to order at 5:38 p.m. ROLL CALL Present: Jacqueline Garcia-Roves, Vice President Bryan Calvo, Council Member Melinda De La Vega, Council Member Monica Perez, Council Member Luis Rodriguez, Council Member Carl Zogby, Council Member Absent: Jesus Tundidor, President Staff Present: Marbelys Fatjo, City Clerk Rafael Suarez-Rivas, City Clerk Attendees: Mayor Esteban Bovo, Jr. INVOCATION Invocation given by Marbelys Fatjo, City Clerk PLEDGE OF ALLEGIANCE Council Vice President Garcia-Roves 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/cityofhialeah.gov). REPORT : City Clerk Marbelys Fatjo announced the meeting guidelines. 6. PRESENTATIONS REPORT: At this time, Mayor Bovo presented a Certificate of Merit to Elizabeth Palacios, the founder of Tutors Connects, driven by her personal experiences with learning challenges like dyslexia and ADHD. A. Presentation by representatives of Marcum Accountants and Advisors, currently serving as the City's auditors. (DEPARTMENT OF FINANCE MANAGEMENT) REPORT: Moises Ariza with Marcum summarized the audit conducted for the fiscal year that ended September 30, 2023. 7. COMMENTS AND QUESTIONS REPORT: The following registered speakers spoke: 1. Juan Santana, 5601 West 10 Avenue, spoke regarding a Hialeah Citizens Declaration letter dated July 29, 2024, addressed to all concerned persons and public officials, signed Milly Herrera and Juan Santana. The speaker provided a printed copy of the letter to the Mayor and each Council Members. A copy of the letter is on file with the Office of the City Clerk. 2. Jose Azze, 788 Southeast Park Drive, spoke regarding parks, sports, and pools and shared visual electronic data streamed using City equipment, a copy of which is on file with the Office of the City Clerk. 3. Eric Johnson, Local 1102, spoke regarding the CAFR and cancer epidemic in the Fire Department. 4. Marie Rice, 771 East 47 Street, spoke regarding blocked sidewalks throughout the City. 5. Theothoros Karantsalis, 297 Eucalyptus Drive, congratulated Council President Tundidor for being recognized by the Miami New Times as Politician of the Year, suggested that senior residents and disabled residents be allowed access to swim at the Milander Pool with a fee waiver, and volunteered to become a member of the City's ADA committee in order to suggest ADA related improvemnets. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA Administrative Items 11 A and 11 B are postponed until the City Council Meeting of October 8, 2024. 9. BOARD APPOINTMENTS A. RESO LU TI O N : Proposed resolution appointing Michael Delgado to the Cultural Affairs Committee of the City of Hialeah for a (2)-year term ending on September 23, 2026. (MAYOR BOVO'S APPOINTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-245 Motion by Council Member Melinda De La Vega, seconded by Council Member Luis Rodriguez  AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby B. RESO LU TI O N: Proposed resolution appointing Stephanie Perez to the Veteran's Affairs Committee of the City of Hialeah for a (2)-year term ending on September 23, 2026. (COUNCIL MEMBER DE LA VEGA'S APPOINTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-246 Motion by Council Member Melinda De La Vega, seconded by Council Member Luis Rodriguez AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby 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 Vice President Garcia-Roves requested separate discussion on Consent Item V. REPORT: The Consent Agenda is approved 5-0-2 with Council President Tundidor and Council Member Calvo absent, except Item V. AYE: 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 September 10, 2024. (OFFICE OF THE CITY CLERK) AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby B. R E S O L U T I O N : Proposed resolution authorizing the Mayor or his designee, and the City Clerk, as attesting witness, on behalf of the City, to renew an agreement with SIRSI Corporation for a term of five years, commencing on October 1st, 2024 and ending on September 30th, 2029, with subsequent five year renewals unless cancelled by written notice, for annual subscription and support of the Sirsidynix Symphony SAAS Intergrated Library System (ILS), including bibliographic and user databases, cataloging, circulation, public access and reporting modules, for the City of Hialeah Public Libraries, and further authorizing annual expenditures as per attached quotes, and providing for an effective date.  (LIBRARY) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-247 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby C. 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 ratify the increase of Purchase Order # 2024-264 to Trane U.S. Inc. for HVAC repairs, approving the expenditure in a total amount not to exceed $115,000.00; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T RESO LU TI O N N O. 2024-248 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby D. R ESO LU T I O N: Proposed resolution approving a piggyback off State of Texas Region XIV Education Service Center, Omnia Contract # RFP 02-123 for HVAC equipment, installation, service, building control systems and replacements citywide; and authorizing the Mayor or his desginee and the City Clerk, as attesting witness, on behalf of the City, to issue a purchase order in an amount not to exceed $269,157.76 and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A"; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-249 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby E. Request permission to piggyback off of the City of Tallahassee Contract No. 5179-MY24, awarded through competitive bidding RFP 096-21-KM, and issue a purchase order to Alan Jay Automotive Management, Inc., for the purchase of a 2024 Chevrolet Silverado 1500 Crew Cab 4WD 6.5' bed work truck with optional equipment, in a total cumulative expense amount not to exceed $48,808.00. The funding for this expenditure is to be drawn against the General Fund Capital Outlay - Vehicles Account # 101.3210.541.645. (STREETS DEPARTMENT)  A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby F. R E S O L U T I O N : Proposed resolution approving a piggyback off Racine County, Wisconsin Omnia Contract Number 3341 for HVAC products, installation, labor based solutions, and related product and services with Trane US Inc. for the purchase of new AC replacements citywide; 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 $175,760.80 and in substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A"; and providing for an effective date. (CONSTRUCTION AND MAINTENANCE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-250 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby G. Request permission to increase Purchase Order # 2024-2267, issued to R.J. Behar & Company, Inc., for a Florida Bonneted Bat (FBB) Survey, an Asbestos Survey, and a South Florida Management District Permit, for the Okeechobee Road Pedestrian Bridge Rehabilitation and Beautification Project, by an additional amount of $8,585.00, for a new total cumulative expense amount not to exceed $64,021.00. On March 8, 2022, the City Council approved the City's Selection Committee's recommendation to qualify six (6) engineering firms, which includes this vendor, to provide the City with professional engineering services on an "as-needed basis", and on May 14, 2024, the City Council awarded the design services of the Okeechobee Road Pedestrian Bridge Rehabilitation and Beatufication Project to this vendor. The funding for this expenditure is to be drawn against Professional Services Account # 001.8500.519.310. (STREETS DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby H. 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 an agreement with SFM Landscape Services, LLC for various parks and city owned properties for a period of two (2) years with two (2) additional one (1) year renewals utilizing the pricing and scope of services submitted in RFP 2022-23- 3130-36-016 - Grounds Maintenance Services; approving the expenditure in an amount not to exceed $282,105.00; and providing for an effective date. (PARKS AND COMMUNITY ENGAGEMENT DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER  CA LV O A BSEN T. RESO LU TI O N N O. 2024-251 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby I. Request permission to issue a purchase order to Cardinal Health 110, LLC, for the purchase of pharmaceuticals, vaccines and medical supplies for the City of Hialeah Fire Department, in a total cumulative expense amount not to exceed $50,000.00. The funding for this expenditure is to be drawn against the Operating Supplies Medical Account # 001.2000.522.521. (FIRE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby J. RESO LU TI O N: Proposed resolution approving a piggyback to enter into a contract between the Broward County Sheriffs Office and the Shyft Group Upfit Services, Inc., doing business as Strobes-R-Us for emergency equipment for vehicles, 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 Shyft Group Upfit Services, Inc., doing business as Strobes-R-Us, in the amount not to exceed $245,770.47, for the purchase of emergency equipment for vehicles and substantial conformity with the agreement attached hereto and made a part hereof as "Exhibit A", and providing for an effective date. (POLICE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-252 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby K. R E S O L U T I O N: Proposed resolution accepting the Invitation for Bids response for Invitation for Bid (IFB) 2023-24-050 for S.H.I.P. program Maritza Martinez; 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 A-1 Property Services Group, Inc. (the vendor) in an amount not to exceed $39,796.68 which includes a 10% contingency fee, for the rehabilitation of the Maritza Martinez home via the S.H.I.P. Program, and in substantial conformity with the attached IFB 2023-24-050, attached hereto and made a pert hereof as "Exhibit A", and authorizing the Mayor or designee to sign any related and customary purchasing documents to effectuate this resolution, and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER  CA LV O A BSEN T. RESO LU TI O N N O. 2024-253 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby L. Request permission to issue a purchase order to B2B Computer Products, doing business as ITSAVVY LLC, for the purchase of three (3) SMART boards to allowing instructors of the Police Department's Training Division to integrate multimedia content such as videos, diagrams, and simulations into training sessions, by an additional amount not to exceed $16,117.20, in a total cumulative expense amount not to exceed $47,082.90. The funding for this expenditure is to be drawn against the General Fund - Capital Outlay - Equipment Account # 001.1000.521.640. (POLICE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby M. RESO LU TI O N : Proposed resolution approving and ratifying an amendment to the City of Hialeah Local Housing Assistance Plan (LHAP) for fiscal years 2022-2023, 2023-2024 and 2024-2025, a copy of which is attached herein as Exhibit "A" with technical revisions to each strategy; approving and ratifying the submission of the amendment to the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; further authorizing the Mayor or his designee, and the City Clerk, on behalf of the City, to execute any and all other necessary agreements, documents, amendments, certifications and assurances in furtherance thereof; and providing for an effective date. (GRANTS AND HUMAN SERVICES DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-254 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby N. R ESO LU T I O N: Proposed resolution waiving competitive bidding; and approving the Master Services Agreement attached hereto, and authorizing the Mayor or his designee, and the City Clerk, as attesting witness, on behalf of the City to execute a Master Services Agreement and issue a purchase order to AT&T  Enterprises LLC, for the installation and maintenance of a new Cloud-Native Next Gen 9-1-1 Solution to serve as the City's Emergency Services Communication System; approving the expenditure in an amount not to exceed $1,360,894.20 paid monthly over 60 months; and providing for an effective date. (INFORMATION TECHNOLOGY DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-255 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby O. RESOLUTION: Proposed resolu on approving a piggyback on Contract # R1422515R1/P1 by Broward County, Florida and Motorola Solu ons, Inc.; and authorizing the Mayor or his designee and the City Clerk, as a es ng witness, on behalf of the City, to issue a purchase order Motorola Solu ons Inc., in the amount not exceed $137,929.30, for the purchase of addi onal so ware for exis ng radios u lized by the City of Hialeah Fire Department and execute any necessary or required purchasing document in furtherance of; and providing for an effec ve date. (POLICE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-256 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby P. Request permission to waive the small acquisition threshold of $25,000.00, and issue a purchase order to the following vendors in amounts not to exceed the following totals, for the purchase of materials and supplies: AAA Majestic Locksmith Corp: $50,000.00 Blalock Plumbing, LLC: $35,000.00 FWC Metal Works, LLC: $55,000.00 Royal Electric Supply, Inc.: $50,000.00 Acarssa Supply, Inc.: $60,000.00 Manhattann Electric & Hardaware Corp.: $65,000.00 Miami-Dade Electrical Supply, Inc.: $55,000.00 Miami-Dade Electric and A/C Supply LLC: $55,000.00 Torino Industries Corp.: $40,000.00 Toledo Restaurant Equipment Co.: $30,000.00 A&B Pipe and Supple, Inc.: $45,000.00 Buy Direct, LLC: $65,000.00 Global Equipment Company: $35,000.00 Carrier Enterprise, LLC: $45,000.00 Maga Hardware Dist. Inc.: $35,000.00 Medina Brothers Plumbing Supplies Inc.: $55,000.00 Fast-Dry Courts, Inc.: $50,000.00 Power Depot, Inc.: $45,000.00 Total Truck Parts, Inc. $65,000.00 Uline, Inc.: $50,000.00  Funding will be provided by the departments utilizing this vendor. (PURCHASING DIVISION) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby Q. Request permission to waive competitive bidding, and issue a Purchase Order to PC Solutions & Integration, Inc., for the purchase of replacement core switches for the City, for a total cumulative expense amount not to exceed $64,854.10. The funding for this expenditure is to be drawn against the Information Technology Capital Outlay - Equipment Account # 001.0201.519.640. (INFORMATION TECHNOLOGY DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby R. RESO LU TI O N : Proposed resolution to approve the fiscal year 24-25 Florida's H igh Visibility Enforcement (H V E) Pedestrian & B icycle Safety contract in the amount not to exceed $26,969.82, and accept the terms of use of the grant funds provided by the Florida D epartment of Transportation for the C ity of H ialeah as set forth in the Letter of A greement and C ontract attached as Exhibit "A "; authorizing the Mayor or his designee, and the C ity C lerk, as attesting witness, on behalf of the C ity, to execute the Letter of A greement and any other customary and necessary document in furtherance of this resolution; and providing for an effective date. (POLICE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-257 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby S. R E S O L U T I O N : Proposed resolution approving the amendment to the fiscal year 2023-2024 State Assistance for Fentanyl Eradication (S.A.F.E.) in Florida Program, to extend the grant period and accept additional grant funds in the amount of $34,000.00 from the Florida D epartment of Law Enforcement (F D LE), for a total grant award of $284,000.00, to reimburse overtime costs; authorizing the Mayor or his designee to execute all necessary documents in connection therewith; and providing for an effective date. (POLICE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER  CA LV O A BSEN T. RESO LU TI O N N O. 2024-258 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby T. RESO LU TI O N: Proposed resolution to accept grant monies awarded to the City of Hialeah, Florida, as a participating agency, from the U.S. Department of Justice's Bureau of Justice Assistance (BJA) for the fiscal year 2024 Community Project Funding (CPF) award, in the total amount of $2,590,000.00, to assist the Hialeah Police Department in purchasing fully equipped Police vehicles; authorizing the Mayor or his designee, and the City Clerk, as attesting witness, to execute the award and any other necessary documents in furtherance of this resolution; and providing for an effective date. (POLICE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-259 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby U. R E S O L U T I O N: Proposed resolution granting permission to serve alcoholic beverages at the Flamingo Brewfest scheduled for October 12, 2024, at the Garden of the Arts; authorizing the Mayor or designee to sign any related and customary documents to effectuate this resolution; and providing for an effective date. (DEPARTMENT OF PARKS AND COMMUNITY ENGAGEMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-260 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby V. RESO LU TI O N : Proposed resolution of the Mayor and the City Council of the City of Hialeah communicating its opposition to Amendment 4, a proposed Florida Constitutional Amendment concerning abortion; providing for transmittal; and providing for an effective date. (SPONSOR: COUNCIL VICE PRESIDENT GARCIA-ROVES) (CO-SPONSORS: COUNCIL MEMBER PEREZ AND COUNCIL MEMBER DE LA VEGA) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-261 REPO RT: Mayor Bovo spoke on this item. Motion by Council Member Monica Perez, seconded by Council Member Melinda De La Vega AYE: Vice President Jacqueline Garcia-Roves  Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby W. Request permission to approve the minutes of the Budget Hearing held on September 12, 2024. (OFFICE OF THE CITY CLERK) APPROVED 5-0-2 WITH COUNCIL PRESIDENT TUNDIDOR AND COUNCIL MEMBER CALVO ABSENT. AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby Y. Request from Carlos Marquez, on behalf of Home Depot USA, for a Christmas tree sales permit, with the installation of a temporary canopy with sales commencing on Monday, November 18, 2024 and ending on Wednesday, December 18, 2024, at Home Depot Store No. 6378, located at 950 Southeast 12 Street, Hialeah, Florida, in accordance with the requirements of the Hialeah Risk Management Department, Hialeah Fire Department and Hialeah Police Department. (OFFICE OF THE CITY CLERK) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CALVO ABSENT. AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby Z. Request from Carlos Marquez, on behalf of Home Depot USA Inc., for a Christmas tree sale permit, with the installation of a temporary canopy, with sales commencing on Monday, November 18, 2024 and ending on Wednesday, December 18, 2024, at Home Depot Store No. 202, located at 1590 West 49th Street, Hialeah, Florida, in accordance with the requirements of the Hialeah Risk Management Department, Hialeah Fire Department and Hialeah Police Department. (OFFICE OF THE CITY CLERK) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CALVO ABSENT. AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby AA. R E S O L U T I O N: Proposed resolution approving a piggyback contract by the City of Miami Beach and Digitech EMS Billing, LLC., contract no. RFP-2023-015-ND attached hereto as Exhibit "A", for emergency medical transport billing and collection services; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to enter into an agreement for an amount equivalent to a percentage of funds collected by Digitech EMS Billing, LLC., expected to exceed $65,000.00; and providing for an effective date.  (FIRE DEPARTMENT) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. RESO LU TI O N N O. 2024-262 AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby 11. ADMINISTRATIVE ITEMS A. TH I S 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 O CTO BER 8, 2024 AT 5:30 P.M. I N TH E CO U N CI L CH A M BERS LO CATED AT TH E H I A LEA H CI TY H A LL. 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 September 10, 2024, the Administration postponed the item until the next City Council meeting on September 24, 2024. 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. B. TH I S 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 O CTO BER 8, 2024 AT 5:30 P.M. I N TH E CO U N CI L CH A M BERS LO CATED AT TH E H I A LEA H CI TY H A LL. O R D I N A N C E: First reading of proposed ordinance amending the Hialeah Code of Ordinances Chapter 98, entitled "Zoning", Article V. "Zoning District Regulations', Division 33. "NBD Neighborhood Business District"; amending §98-1627. "Purpose", §98-1628 "Definitions", §98-1629 "Geographic Area and Exclusion", §98-1630.1 "Permitted Uses, Limitations and Prohibited Commercial Uses", §98-1630.2 "Building Uses", §98-1630.3 "Development Standards", §98-1630.6 "Building Design Concept Requirements", §98-1630.7 "Design and Development Standards", and §98-1630.8 "Limited Expansion on NBD Overlay District regulations subject to Special Use Permit"; retitling and amending §98-1630.4 "Height Incentives", §98-1630.9 "Site Plan Review, Demolition and Construction Schedule", and removing §98-1630.5 "Density Incentives"; to revise the permitted uses, clarify the development standards and to improve the zoning regulations; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; providing for inclusion in the code; and providing for an effective date. (PLANNING AND ZONING) On September 11, 2024, the Planning and Zoning Board recommended approval. C. O RD I N A N CE : First reading of proposed ordinance approving the closure and vacation of the public  alley and the release and abandonment of the easement reservation traversing land running on the east side of the City of Hialeah from East 9 Avenue to East 10 Avenue between East 26 Street and East 27 Street in Hialeah, Florida as depicted and legally described in Exhibit "A"; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violations hereof; providing for a severability clause; and providing for an effective date. (ZONING) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. 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 O CTO BER 8, 2024 AT 5:30 P.M. I N TH E CO U N CI L CH A M BERS. Motion by Council Member Carl Zogby, seconded by Council Member Monica Perez AYE: Vice President Jacqueline Garcia-Roves 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 : First reading of proposed ordinance repealing and rescinding Hialeah Ordinance No. 2023-007 (attached hereto as Exhibit "A") (January 24, 2023) granting a Special Use Permit and Variance to allow the expansion of the Neighborhood Business District and allow only residential units where mixed- use is required; 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. (ZONING) A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A N D CO U N CI L M EM BER CA LV O A BSEN T. 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 O CTO BER 8, 2024 AT 5:30 P.M. I N TH E CO U N CI L CH A M BERS. Motion by Council Member Carl Zogby, seconded by Council Member Monica Perez AYE: Vice President Jacqueline Garcia-Roves Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby 12. UNFINISHED BUSINESS 13. NEW BUSINESS REPORT: Council Member de la Vega and Mayor Bovo spoke regarding the Special Olympics Event and Program. A. Report of Scrivener's Error : Pursuant to Section 30-31 -- Agenda of City Council Meetings -- of the City of Hialeah Code, the City Clerk shall correct scrivener's errors that are discovered in ordinances, resolutions, council minutes and staff reports and promptly report all corrections to the City Council. On January 9, 2024, the City Council approved Resolution No. 2024-009 for $214,845.05. The Agreement between the City of Hialeah and Citrus Health Network labeled Exhibit 1 to the resolution was approved with the incorrect amount of $214,845.00. The amount on the agreement is being amended to reflect the amount provided for in the resolution of $214,845.05. (GRANTS AND HUMAN SERVICES DEPARTMENT) 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 Transit-Oriented Development District; p roperty 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 a severability clause; and providing for an effective date. On September 10, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 24, 2024. Registered Lobbyist: Jorge L. Navarro, Esq. and Carlos Diaz, Esq., 333 Southeast 2nd 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 R E P O RT: Council Member Calvo arrived to the meeting at 6:33 p.m. during the discussion of Landuse Item 14 A. A PPRO V ED 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A BSEN T A N D CO U N CI L V I CE PRESI D EN T G A RCI A-RO V ES AWAY D U RI N G TH E RO LL CA LL FO R A V O TE. CO U N CI L V I CE PRESI D EN T G A RCI A-RO V ES RECO RD ED H ER V O TE A S "Y ES" A FTER TH E M O TI O N TO A PPRO V ED PA SSED. O RD I N A N CE N O. 2024-089 REPO RT : Carlos Diaz, Esq., spoke and illustrated a visual which is on file with the Office of the City Clerk. PUBLIC HEARING/PUBLIC COMMENTS: Council Member Zogby, chairing the meeting in the absence of Council Vice President Garcia-Roves, opened the item for public participation and one person present in the Council Chambers expressed interest in speaking: 1. Juan Santana, 5601 West 10th Avenue, addressed the City Council with questions. Motion by Council Member Luis Rodriguez, seconded by Council Member Monica Perez AYE: Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby 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 High-Density Residential; p roperty 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 a severability clause; and providing for an effective date. On September 10, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 24, 2024. 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 5-0-2 W I TH CO U N CI L PRESI D EN T TU N D I D O R A BSEN T A N D CO U N CI L V I CE PRESI D EN T G A RCI A-RO V ES AWAY D U RI N G TH E RO LL CA LL FO R A V O TE. CO U N CI L V I CE PRESI D EN T G A RCI A-RO V ES RECO RD ED H ER V O TE A S "Y ES" A FTER TH E M O TI O N TO A PPRO V ED PA SSED. O RD I N A N CE N O. 2024-090 REPO RT: Alex Ariella, property owner, spoke.  REPO RT: Claudia Hasbun, Principal Planner, 501 Palm Avenue, spoke. PU BLI C H EA RI N G/PU BLI C CO M M EN TS: Council Member Zogby, chairing the meeting in the absence of Council Vice President Garcia-Roves, opened the item for public participation and one person present in the Council Chambers expressed interest in speaking: 1. Juan Santana, 5601 West 10th Avenue, expressed support for the approval of the proposed ordinance. Motion by Council Member Bryan Calvo, seconded by Council Member Luis Rodriguez AYE: Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby 15. 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. REPORT : All were duly sworn in by City Clerk Marbelys Fatjo. 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 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 a severability clause; and providing for an effective date. On September 10, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 24, 2024. Registered Lobbyists: Jorge L. Navarro, Esq. and Carlos Diaz, Esq., 333 Southeast 2nd 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 Midia Cardona of Caymanes Martin Architecture and Enginnering 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 6-0-1 W I TH CO U N CI L PRESI D EN T TU N D I D O R A BSEN T. O RD I N A N CE N O. 2024-091 PU BLI C H EA RI N G/PU BLI C CO M M EN TS : Council Vice President Garcia-Roves opened the item for public participation and no one expressed interest in speaking. Motion by Council Member Luis Rodriguez, seconded by Council Member Melinda De La Vega AYE: 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 RD I N A N CE : Second reading and public hearing of 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 a severability clause; and providing for an effective date. On September 10, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 24, 2024. 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 6-0-1 W I TH CO U N CI L PRESI D EN T TU N D I D O R A BSEN T. O RD I N A N CE N O. 2024-092 REPO RT: Claudia Hasbun, Principal Planner, spoke. REPO RT: Jackeline Blanco, the applicant, spoke via Zoom. PU BLI C H EA RI N G/PU BLI C CO M M EN TS: Council Vice President Garcia-Roves opened the item for public participation and no one expressed interest in speaking. Motion by Council Member Carl Zogby, seconded by Council Member Monica Perez AYE: 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 R D I N A N C E: Second reading and public hearing 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 (ALWOD) geographic area, where murals are only allowed in the Alwod 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 in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. On September 10, 2024, the City Council approved the item as amended (Amendment: Artist will provide an updated sketch by second reading). Second reading and public hearing is scheduled for September 24, 2024. Registered Lobbyist: Christine Olivera, 6728 Southwest 13 Street, Miami, Florida 33144, on behalf of Verizon Corporate Service Group, Inc. Registered Lobbyist: Robert Moyer, 1599 West 49 Street, Hialeah, Florida, on behalf of Verizon Corporate Service Group, Inc. 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 6-0-1 W I TH CO U N CI L PRESI D EN T TU N D I D O R A BSEN T. O RD I N A N CE N O. 2024-093 R E P O RT: Registered lobbyists Christine Olivera and Robert Moyer spoke and provided an updated  sketch of the mural painting, a copy of which is on file with the office of the City Clerk. PU BLI C H EA RI N G/PU BLI C CO M M EN TS: Council Vice President Garcia-Roves opened the item for public participation and no one expressed interest in speaking. Motion by Council Member Carl Zogby, seconded by Council Member Melinda De La Vega AYE: 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. ORDINANCE: Second reading and public hearing 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 September 10, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 24, 2024. On August 28, 2024, the Planning and Zoning Board recommended approval. Planner's Recommendation: Approval. Property Owner: Ludlum Plaza, LLC APPROVED 5-1-1 WITH COUNCIL PRESIDENT TUNDIDOR ABSENT AND COUNCIL MEMBER PEREZ VOTING "NO". ORDINANCE NO. 2024-094 REPORT : Claudia Hasbun, Principal Planner, spoke. REPORT: City Attorney Rafael Suarez-Rivas spoke. PUBLIC HEARING/PUBLIC COMMENTS: Council Vice President Garcia-Roves opened the item for public participation and two members of the public present in the Council Chambers expressed interest in speaking: 1. Juan Santana, 5601 West 10th Avenue. 2. Marie Rice, 771 East 47th Street. Motion by Council Member Carl Zogby, seconded by Council Member Luis Rodriguez AYE: Vice President Jacqueline Garcia-Roves Council Member Bryan Calvo Council Member Melinda De La Vega Council Member Luis Rodriguez Council Member Carl Zogby NAY: Council Member Monica Perez E. O RD I N A N CE : Second reading and public hearing of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow a K-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 § 98-2189; 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 September 10, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for September 24, 2024.  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 following 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 6-0-1 W I TH CO U N CI L PRESI D EN T TU N D I D O R A BSEN T. O RD I N A N CE N O. 2024-095 PU BLI C H EA RI N G/PU BLI C CO M M EN TS: Council Vice President Garcia-Roves opened the item for public participation and no one expressed interest in speaking. Motion by Council Member Monica Perez, seconded by Council Member Carl Zogby AYE: 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: 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 September 10, 2024, the item was postponed until the City Council Meeting of September 24, 2024. On August 27, 2024, the City Council tabled the item until the City Council Meeting of September 10, 2024 due to the applicant not being present. 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. A PPRO V ED W I TH CO N D I TI O N S 6-0-1 W I TH CO U N CI L PRESI D EN T TU N D I D O R A BSEN T. 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 O CTO BER 8, 2024 AT 5:30 P.M. I N TH E CO U N CI L CH A M BERS. REPORT: Mark Scavuzzo, registered lobbyist, spoke. Motion by Council Member Carl Zogby, seconded by Council Member Monica Perez MOTION TO APPROVE WITH CONDITIONS  AYE: Vice President Council Member Jacqueline Garcia-Roves Bryan Calvo Council Member Melinda De La Vega Council Member Monica Perez Council Member Luis Rodriguez Council Member Carl Zogby G. O RD I N A N CE : First reading of proposed ordinance rezoning property from R-1 (One-Family District) to R-3-1 (Multiple-Family District); granting a Conditional Use Permit to allow a K-1 Grade School with a maximum capacity of 19 students; granting a Variance Permit to allow an interior west side setback of 4.97 feet, where 10 feet are required; a Variance Permit to allow an interior east side setback of 4 feet, 6 inches, where 10 feet are required; a Variance Permit to allow a rear setback of 15.39 feet, where 20 feet are required; and a Variance Permit to allow 4 parking spaces, where 13 parking spaces are required; in contrast to Hialeah Code of Ordinances §§ 98-590, 98-591 and 98-2189(9); property located at 441 West 11 Street and 445 West 11 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. Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida, on behalf of Little Angel Academy, Inc. On September 11, 2024, the Planning and Zoning Board recommended approval subject to the following conditions. 1. Keep the designated off-street (inside the property lines) parking areas operational as parking at all times during daycare/school operation hours. 2. Do not use the off-street (inside the property lines) parking area as a playground. 3. On-street parking (outside the property) adjacent to the sidewalks shall be stripped as parallel parking with the required Streets Department permits in order to avoid parking on top of the existing sidewalks. 4. Have school staff available during drop-off and pick-up hours to directly supervise on-street parking (outside the property) by parents and teachers to make sure that the existing sidewalk remains clear and no cars park encroaching on the sidewalk 5. Provide Unity of Title for 441 and 445 West 11th Street. 6. Restrict school to K and 1 Grade with a maximum total of 19 students. 7. Rezoning of 445 West 11 Avenue shall be limited to the most restrictive R-3 classification, named R-3-1. Planner's Recommendation: Approval with parking variance, Conditional Use Permit (CUP), variances and rezoning to R-3-1 subject to the seven conditions outlined above. Property Owners: Little Angel Academy Inc., 421 West 11 Street, Hialeah, Florida 33010 and Odalys Fernandez, 16201 Northwest 77 Place, Miami, Florida 33016. A PPRO V ED 6-0-1 W I TH CO U N CI L PRESI D EN T TU N D I D O R A BSEN T. 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 O CTO BER 8, 2024 AT 5:30 P.M. I N TH E CO U N CI L CH A M BERS. REPO RT : Ceasar Mestre, registered lobbyist, spoke and illustrated a visual presentation which is on file with the Office of the City Clerk. REPO RT: Claudia Hasbun, Principal Planner, spoke. Motion by Council Member Carl Zogby, seconded by Council Member Monica Perez AYE: 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 H. 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 kindergarten class with a maximum capacity of 23 students in conjunction with a 73 children daycare; property located at 1575 West 42 Street, Units 4203,  4205, 4231, and 4235, 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: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida, on behalf of My Happy House Daycare, Corp. On September 11, 2024, the Planning and Zoning Board recommended approval. Planner's Recommendation: Approval. Property Owners: My Happy House Daycare Corp., Angela Suarez, and Inversions Caribe LLC, 4235 West 16 Avenue, Unit 102, Hialeah, Florida 33012. A PPRO V ED 6-0-1 W I TH CO U N CI L PRESI D EN T TU N D I D O R A BSEN T. 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 O CTO BER 8, 2024 AT 5:30 P.M. I N TH E CO U N CI L CH A M BERS. REPO RT : Ceasar Mestre, Esq., registered lobbyist, spoke and illustrated a visual presentation which is on file with the Office of the City Clerk. REPO RT: Angela Suarez, Mr. Mestre's client, spoke via Zoom. REPO RT: Claudia Hasbun, Principal Planner, spoke. Motion by Council Member Carl Zogby, seconded by Council Member Luis Rodriguez AYE: 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. FINAL DECISIONS A. RESO LU TI O N : Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2024-07 , allowing a rear setback of 5 feet, where 7.5 feet are required, and allowing an interior south side setback of 1.40 feet where 7.5 are required for an existing accessory building to be legalized; property located at 3581 East 8 Lane, Hialeah, zoned R-1 (One-Family District) ; and providing for an effective date. On August 28, 2024, the Planning and Zoning Board recommended approval with the following conditions: 1. The swale area facing East 8 Lane is improved with the installation of either a tree or another mechanism approved by the Street Department to properly maintain the swale area 2. The structure to be legalized is only to be used as storage in the case of converting this space into living space, and the owner shall seek proper zoning and building approvals prior to doing so. Planner's Recommendation: Approval with conditions. Property Owner: Lourdes M. Alguino, 3581 East 8 Lane, Hialeah, Florida 33013. A PPRO V ED 6-0-1 W I TH CO U N CI L PRESI D EN T TU N D I D O R A BSEN T. RESO LU TI O N N O. 2024-263 Motion by Council Member Carl Zogby, seconded by Council Member Luis Rodriguez AYE: 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 D JO U R N M E N T REPORT: Council Vice President Garcia-Roves adjourned the meeting at 7:21 p.m. N E X T C IT Y C O U N C IL M E E T IN G : T uesday, O ctober 8, 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).