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 January 28, 2025 5:30 p.m. 1. CALL TO ORDER REPO RT: Council President Garcia-Roves called the meeting to order at 5:46 p.m. 2. ROLL CALL Present: Jacqueline Garcia-Roves, President Juan Junco, Council Member Melinda De La Vega, Council Member Luis Rodriguez, Vice President Carl Zogby, Council Member Absent: Jesus Tundidor, Council Member Monica Perez, Council Member Staff Present: Marbelys Fatjo, City Clerk Rafael Suarez-Rives, City Attorney Attendees: Esteban Bovo, Jr., Mayor 3. INVOCATION Invocation given by Marbelys Fatjo, City Clerk. 4. PLEDGE OF ALLEGIANCE Council President Garcia-Roves led the Pledge of Allegiance. 5. M EETI N G G U I D ELI N ES 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. • Individuals should be respectful of the elected officials and staff that are on the dais and make every effort to speak with a moderate tone using appropriate language and avoiding personal attacks. Members of the public in the audience shall refrain from shouting or making remarks from their seats to the Mayor, Council Members or staff sitting on the dais. • The public can view public meetings on the City's YouTube page (www.youtube.com/cityofhialeahgov). REPO RT: City Clerk Marbelys Fatjo announced the meeting guidelines. 6. PRESENTATIONS A. Recognizing Damian Soriano of the Public Works Department, and Minerva Lopez of the Library Department, as the 2024 Employees of the Year. (HUMAN RESOURCES DEPARTMENT) REPORT: Awards presented by Mayor Bovo. B. The following Hialeah Police Officers are recognized for their heroic actions: 1. Officer Reinaldo Alvarez 2. Officer Jordan Cruz 3. Officer Jonathan Hernandez 4. Officer Christopher Tejeda 5. Officer Jonathan Lopez 6. Officer Kevin Hidalgo 7. Officer Stephanie Rodriguez (POLICE DEPARTMENT) REPORT: Chief Fuente recognized the officers for their heroic actions and presented them with a Certificate of Recognition. 7. CO M M EN TS A N D Q U ESTI O N S 1. Luis Moreno (registered speaker), 1820 West 33 Street, spoke regarding community outreach for Epilepsy awareness as well as provided the City Council with a brochure to encourage a partnership between the City of Hialeah and Epilepsy Alliance Florida to bring awareness to the community, a copy of which is on file with the Office of the City Clerk. 2. Oscar Amuz (registered speaker), 13499 Biscayne Boulevard, spoke regarding the inauguration of Autism Soccer Organization, and provided the City Council with a flyer, a copy of which is on file with the Office of the City Clerk. 3. Justa Azze (registered speaker), 788 Southeast Park Drive, shared a video streamed using City equipment, a copy of which is on file with the Office of the City Clerk, regarding the history of the City's Parks and Community Engagement Department. 4. Elisa Azze (registered speaker), 788 Southeast Park Drive, read a letter into the record regarding the City's Parks and Community Engagement Department. 5. Nicole Socarras (registered speaker), 1314 West 78 Terrace, read a letter into the record in support of the expansion of the City of Hialeah Educational Academy. 6. Carlos Alvarez (registered speaker), founding principal of City of Hialeah Educational Academy, spoke regarding the proposed expansion of the school. 7. Jose Azze, 788 Southeast Park Drive, shared a video streamed using City equipment, rearding Factory Town and noise, a copy of which is on file with the Office of the City Clerk.  8. Roy Hardemon (registered speaker), 1292 Northwest 79 Street, spoke regarding zoning item 16D on today's agenda. 9. Eric Johnson, Hialeah firefighters, (registered speaker), spoke regarding a Hialeah firefighter who lost his battle to cancer, and thanked various City personnel for their assistance. 10. Victoria Valdes (registered speaker), 2001 West 16 Avenue, spoke regarding the closure of the maternity ward located in Palmetto General Hospital. 11. Dr. Ferrara spoke regarding Palmetto General Hospital. 8. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA • Administrative Item 11E is postponed until the City Council Meeting of February 11, 2025 at 5:30 p.m., per the administration's request. • Planning and Zoning Item 16F is postponed until the City Council Meeting of February 11, 2025 at 5:30 p.m., per the applicant's request. 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. Motion by Council Member Carl Zogby, seconded by Council Member Juan Junco AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby A. Request permission to approve the minutes of the Council Meeting held on January 14, 2025. (OFFICE OF THE CITY CLERK) APPROVED 5-0-2 with Council Member Perez and Council Member Tundidor absent. B. R E S O L U T I O N: Proposed resolution providing for an exception to bid in the form of sole source; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to utilize grant monies awarded to the City of Hialeah Education and Community Services Division, as a participating agency, by the Nita M. Lowey Grant for the Young Leaders with Character (YLC) Afterschool and Summer Camp Program in the total of amount of $9,200.00 and the City of Hialeah's General Fund for the Creative Learning and Play (CL&P) Program in the total amount of $17,325.00, and the Young Leaders with Character (YLC) Blue Program in the total amount of $1,780.00 and approving the expenditure for the total amount of $28,305.00 for fiscal year 2025 to assist the City's Education and Community Services Division in purchasing curriculum for afterschool and summer programming through Mindworks Resources Incorporated; and authorizing the Mayor or his designee to execute all necessary documents in furtherance thereof; and providing for an effective date. (EDUCATION AND COMMUNITY SERVICES DIVISION) A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. RESO LU TI O N N O. 2025-035 C. Request permission to issue a purchase order to Nexplore LLC, sole source provider, to provide enrichment services with an educational focus in the areas of STEM, Digital Tech, and Life Skills for the Education and Community Services Division's Afterschool and Summer Camp programs, in a total cumulative amount not to exceed $51,740.00: The funding for this expenditure is to be drawn from City accounts as follows: • Creative Learning and Play Program - $21,120.00 from the Children's Trust Fund - Contractual Services Account No. 116.3120.569.340 • Young Leaders with Character Blue - $5,920.00 from the General Fund - Contractual Services Account No. 001.3120.573.340 • STEP Ahead - $4,480.00 from the Community Services Fund - STEP Ahead Social Enrichment Program - CDBG Account No. 138.3120.569.303 • Young Leaders with Characters Orange - $12,150.00 from the 21st Century Grant (AA) Fund - Contractual Services Account No. 134.3120.569.340 • Special Populations - $3,080.00 from the General Fund - Program Expenses - Therapeutics Account No. 001.3120.573.524 • PACE CDBG - $4,990.00 from the Community Services Fund - PACE Recreation Enrichment Program - CDBG Account No. 138.3120.569.833. (EDUCATION AND COMMUNITY SERVICES DIVISION) A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. D. Request permission to award City of Hialeah Invitation to Quote No. 2024-25-010 - - Bucky Dent Aquatic Center Fencing Replacement, to Eastern Harbour Group Inc, the most responsive and responsible vendor, as well as the vendor providing the lowest quotation, and issue a purchase order to this vendor, for the design, permit, delivery, and installation of fencing improvements throughout at Bucky Dent Aquatic Center, in a total cumulative expense amount not to exceed $48,271.27, amount which includes a ten percent (10%) contingency to cover the cost of any unforeseen issues that may arise during the scope of the work. The funding for the expenditure will be drawn against the General Fund -- Capital Outlay - Building Account No. 001.3130.572.620. (PURCHASING DIVISION) APPROVED 5-0-2 with Council Member Perez and Council Member Tundidor absent. E. R E S O L U T I O N : Proposed resolution providing for an exception to bid in the form of a sole source provider; and authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to increase Purchase Order No. 2025-902 by $75,000.00, issued to the McClatchy Company, LLC, doing business as the Miami Herald, for the service of publishing the City's official legal advertisements and public notices; approving the expenditure in an amount not to exceed $100,000.00; and providing for an effective date. (OFFICE OF THE CITY CLERK) A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. RESO LU TI O N N O. 2025-036 F. Request permission to increase Purchase Order No. 2025-819, issued to 4 Best Business Corp., for the staff expense of all seven (7) Council Aides, by an additional amount of $190,000.00, for a new total cumulative expense amount not to exceed $215,000.00. On May 14, 2024, the Hialeah City Council passed and adopted Resolution No. 2024-127 authorizing a piggyback agreement pursuant to City of Miami Beach Invitation to Bid No. 2020-055-AY for temporary administrative/office and industrial staffing services with 4 Best Business Corp., through February 11, 2025. The expenditure is to be funded from the General Fund - Professional Services Account No. 001.0220.512.310.  (OFFICE OF THE CITY CLERK) A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. G. R E S O L U T I O N : Proposed resolution appointing Mayor Esteban Bovo, Jr. as the City of Hialeah's Representative to the Florida League of Cities and the Miami-Dade County League of Cities; and recognizing the appointment of Mayor Esteban Bovo, Jr. as Chairman of the Florida Republican Mayors Public Policy Association; and authorizing and approving any and all reasonable expenses (including travel) associated with membership to the Florida League of Cities, the Miami-Dade County League of Cities, and the Florida Republican Mayors Public Policy Association for elected officials in accordance with the City's Travel Expense Policy and Section 112.061, Florida Statutes; and providing for an effective date. (ADMINISTRATION) A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. RESO LU TI O N N O. 2025-037 H. Request from Immaculate Conception Catholic Church, located at 4497 West 1st Avenue, Hialeah, Florida 33012, to host an Annual Spring Carnival with entertainment on church grounds from Friday, February 14, 2025, to Sunday, February 16, 2025, from 12:00 p.m. to 10:00 p.m., with alcohol being served from 5:00 p.m. to 10:00 p.m., with an expectancy of approximately 1,000 attendees, subject to requirements of the Police Department, the Fire Department and the Risk Management Department. (OFFICE OF THE CITY CLERK) A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. 11. ADMINISTRATIVE ITEMS A. O RD I N A N CE: Second reading and public hearing 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 of 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. • On September 24, 2024, the City Council postponed the item until October 8, 2024. • The City Council Meeting of October 8, 2024 was canceled. • On October 22, 2024, the City Council postponed the item until January 14, 2025. • On January 14, 2025, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 28, 2025. APPROVED 5-0-2 with Council Member Perez and Council Member Tundidor absent. ORDINANCE NO. 2025-004 PUBLIC HEARING/PUBLIC COMMENTS: Council President Garcia-Roves opened the item for public participation and no member of the public present in the Council Chambers expressed interest in speaking. Motion to approve - Motion by Council Member Carl Zogby, seconded by Vice President Luis Rodriguez AYE: President Jacqueline Garcia-Roves  Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby B. O RD I N A N CE: Second reading and public hearing of proposed ordinance amending the Hialeah Code of Ordinances Chapter 98, entitled "Zoning", Article VI. "Supplementary District Regulations", Division 10 "Parking", amending § 98-2189 "Minimum Required Off-Street Parking Spaces", Section Number 16, "NBD Neighborhood Business District", to revise the permitted parking uses, clarify the residential and commercial use 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 October 22, 2024, the City Council postponed the item until January 14, 2025. • O n January 14, 2025, the C ity C ouncil approved the item on first reading. Second reading and public hearing is scheduled for January 28, 2025. A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. O RD I N A N CE N O. 2025-005 PU BLI C H EA RI N G/PU BLI C CO M M EN TS: Council President Garcia-Roves opened the item for public participation and no member of the public present in the Council Chambers expressed interest in speaking. Motion to approve - Motion by Council Member Carl Zogby, seconded by Council Member Juan Junco AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby C. O RD I N A N CE: Second reading and p u b l i c h e a r i n g of proposed ordinance repealing and rescinding Hialeah Ordinance No. 2024-072 (attached hereto as Exhibit "A") (July 15, 2024) granting a Special Use Permit (SUP) pursuant to Hialeah Code of Ordinances § 98-161 to allow the expansion of the Neighborhood Business District (NBD) Overlay in relation to a proposed mixed-use development including 21 residential units and approximately 2,050 square feet of commercial space; granting a Variance Permit to allow 3 residential units with an area of 593 square feet, where only 10% of residential units may have a minimum area of 600 square feet; waive the building mass and building frontage development standards to allow a site area of 13,500 square feet with a street frontage of 135 feet where a minimum site area of 20,000 square feet and a minimum street frontage of 200 feet is required; and allow 10.71 % pervious area, where 30% pervious area is required; in contrast to Hialeah Code of Ordinances §§ 98 1630.2, 98-1630.8 and 98.2056 (b)(2); properties located at 805 Palm Avenue and 22 East 8 Stree t, Hialeah, zoned CR (Commercial Residential District) 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. (PLANNING AND ZONING) • O n January 14, 2025, the C ity C ouncil approved the item on first reading. Second reading and public hearing is scheduled for January 28, 2025. A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. O RD I N A N CE N O. 2025-006  PU BLI C H EA RI N G/PU BLI C CO M M EN TS: Council President Garcia-Roves opened the item for public participation and no member of the public present in the Council Chambers expressed interest in speaking. Motion to approve - Motion by Vice President Luis Rodriguez, seconded by Council Member Carl Zogby AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President 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 in relation to a proposed mixed-use development including 21 feet of residential unites and approximately 2,050 square feet of commercial space; granting a variance permit to allow 3 residential units with an area of 593 square feet, where only 10% of residential units may have a minimum area of 600 square feet; waive the building mass and building frontage development standards to allow a site area of 13,500 square feet with a street frontage of 135 feet where a minimum site area of 20,000 square feet and a minimum street frontage of 200 feet is required; and allow 1.71% pervious area, where 30% pervious area is required; all in contrast to Hialeah Code of Ordinances §§98-1630.2, 98-1630.8 & 98.2056(b)(2); properties located at 805 Palm Avenue and 11 East 8 Street, Hialeah, zoned CR (Commercial Residential District) and legally described herein; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. (PLANNING AND ZONING) • On January 14, 2025, the City Council approved the item on first reading. A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. O RD I N A N CE N O. 2025-007 PU BLI C H EA RI N G/PU BLI C CO M M EN TS: Council President Garcia-Roves opened the item for public participation and no member of the public present in the Council Chambers expressed interest in speaking. Motion to approve - Motion by Council Member Carl Zogby, seconded by Council Member Juan Junco AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby E. 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 FEBRU A RY 11, 2025 AT 5:30 P.M. O RD I N A N CE: Second reading and public hearing of proposed ordinance amending Chapter 98 of the City of Hialeah Code of Ordinances entitled "Zoning", Article VI, Supplementary District Regulations, Division 3, Buildings and Structures, creating a new section, 98-1681 to allow mobile food dispensing vehicles, also known as food trucks to operate in the City subject to certain operating standards; 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. (ZONING)  • On January 9, 2024, the City Council postponed the item until the City Council Meeting of January 23, 2024. • On January 23, 2024, the City Council approved the item on first reading. • On February 13, 2024, the City Council postponed the item until further notice. • On March 4, 2024 at 10:00 a.m. the City held a Food Trucks Workshop. F. 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 27 Street and East 28 Street to East 9 Avenue and East 10 Avenue, 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 effective date. (ZONING) A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. 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 FEBRU A RY 11, 2025 AT 5:30 P.M. Motion to approve - Motion by Council Member Carl Zogby, seconded by Council Member Juan Junco AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby G. RESO LU TI O N: Proposed resolution authorizing the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City, to enter into a Professional Services Agreement with the Goldstein Environment Law Firm, P.A., attached hereto as Exhibit "A" for legal services to the City of Hialeah, and to prepare a Brownfield Area ("Green Reuse Area") designation request for properties 3621 W 104th Street and 3610 W 108th Street, Hialeah, Folio No. 04-2017-002-0020 and 3620 W 104th Street and 101 W 36 th Avenue, Hialeah, Folio No. 04-2017-002-0030 and shepherding it to approval by the City Council, and to enter into two Brownfield Site Rehabilitation Agreements ("BSRA'S") in order to take advantage of certain financial and regulatory incentives and approving the expenditure in an amount not to exceed $60,000.00; and providing for an effective date. (ZONING) A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. RESO LU TI O N N O. 2025-038 R E P O RT: Michael Goldstein,on behalf of Goldstein Environmental Law Firm, P.A., addressed the City Council. Motion to approve - Motion by Council Member Carl Zogby, seconded by Vice President Luis Rodriguez AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby 12. UNFINISHED BUSINESS  None reported. 13. NEW BUSINESS None reported. 14. 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. 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 Low-Density Residential to Medium-Density Residential; property located at 4955 East 8 Avenue, 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 January 14, 2025, the second reading and public hearing of the item was postponed until the City Council Meeting of January 28, 2025. • On December 10, 2024, the City Council approved the item on first reading. • On November 13, 2024, the Planning and Zoning Board recommended approval of the item. • Registered Lobbyist: Felix M. Lasarte, Esq., 3250 NE 1 Ave Suite 334, Miami, FL 33137, on behalf of JEC Property Holdings LLC • Planner's Recommendation: Approval. • Property Owners: Josenriquez Cueto A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. O RD I N A N CE N O. 2025-008 PU BLI C H EA RI N G/PU BLI C CO M M EN TS: Council 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 10 Avenue, advised that he had mistaken the item and this was not the item he intended on commenting on. 2. Jose Cueto, property owner, addressed the City Council. Motion to approve - Motion by Council Member Carl Zogby, seconded by Council Member Melinda De La Vega AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby  B. TH I S I TEM I S PO STPO N ED U N TI L FU RTH ER N O TI CE, PER TH E A PPLI CA N T'S REQ U EST. O RD I N A N CE: First reading of proposed ordinance amending the Future Land Use Map from Low-Density Residential to Medium-Density Residential; property located at 4595 East 4 Avenue, 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 October 23, 2024, the Planning and Zoning Board approved the item with conditions. • Condition: Approval contingent upon the establishment of specific timelines for permitting and construction. • Registered Lobbyist: Ceasar Mestre, Esq., 8105 Northwest 155th Street, Miami Lakes, Florida, on behalf of Empyrean Townhomes LLC • Planner's Recommendation: Approve with condition. • Property Owners: Empyrera Investments LLC and Michael Osman 16. ZONING ITEMS A. O R D I N A N C E: Second reading and p u b lic h e a rin g of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to Hialeah Code of Ordinances §98-181 to allow the expansion of an existing school with grades 6-12, allowing an increase of 250 students for a maximum population of 1,250 students; property located at 2590 West 76 Street, Hialeah, zoned R-1 (One-Family District) and legally described herein; repealing all ordinances or parts or ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On January 14, 2024, the City Council approved the item on first reading. Second reading and public hearing is scheduled for January 28, 2025. • On December 10, 2025, the City Council postponed the item until the City Council Meeting of January 14, 2025. • On November 13, 2024, the Planning and Zoning Board recommended approval subject to conditions. 0Conditions: ■ A traffic condition or field visit report must be submitted to the City and reviewed by the City's traffic consultant after the initial phase (Phase 4) is completed and before the issuance of a Certificate of Occupancy for the second phase (Phase 5) is issued. ■ School must provide school speed zones on West 76th Street, West 74th Street, and West 26th Avenue and install traffic control signage, pavement markings, and beacons consistent with minimum State and MUTCD requirements for school speed zones prior to issuance of a certificate of occupancy for any school improvements. ■ The school owner shall install special emphasis marked crosswalks and school crossing assembly signs (S1-1 & W16-7P) at the following locations prior to issuance of certificates of occupancy for any school improvements: ■ a. Intersection of West 74th Street and West 24th Avenue: Westbound approach. ■ b. Intersection of West 76th Street and West 24th Avenue: All approaches. ■ The school owner shall install the following improvements at the intersection of West 74th Street and West 24th Avenue prior to issuance of certificates of occupancy for any school improvements: ■ a. Special emphasis marked crosswalks on the eastbound and westbound approaches. ■ b. ADA-compliant pedestrian ramps. ■ c. Update the existing traffic control devices and school crossing assembly signs (S1-1 & W16-7P). ■ The school owner/operator must provide uniformed police officers to control traffic at the intersection of the school's main entrance driveway on West 74th Street and at the intersection of West 74th Street and West 26th Avenue during drop-off and pick-up times. ■ The school must install signage and pavement markings for the proposed bus staging area prior to issuance of certificates of occupancy for any school improvements. ■ The school must provide a bicycle rack within its property prior to the issuance of certificates of occupancy for any school improvements. • Registered Lobbyist: Erica J. Adams, Hugo P. Azra, Alessandria San Roman, and Alejandro J. Arias, 701 Brickell Avenue 3300 Miami, FL 33131 on behalf of City of Hialeah Educational Academy (COHEA). • Planner's Recommendation: Approval of the Conditional Use Permit for a student population increase to  1,250 students subject to conditions 1 through 7 enumerated above. • Property Owner: City of Hialeah, 501 Palm Avenue Hialeah, FL 33010. A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. O RD I N A N CE N O. 2025-009 REPO RT: Hugo Arza, registered lobbyist, 701 Brickell Avenue, addressed the City Council with a presentation, 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 President Garcia-Roves opened the item for public participation and seven members of the public present in the Council Chambers expressed interest in speaking: 1. Carlos Alvarez, founding Principal of the City of Hialeah Educational Academy, spoke in favor of the proposed expansion. 2. Juan Santana, 5601 West 10 Avenue, expressed that he is not in favor of the expansion at the subject location. 3. Natalie Lopez, 19763 Northwest 87 Court, spoke in favor of the proposed expansion. 4. Jose Azze, 788 Southeast Park Drive, presented pictures to the City Council, which were displayed utilizing City equipment, a copy of which is on file with the Office of the City Clerk, as well as requested that the item to be tabled to allow the residents an opportunity to be engaged. 5. Michael Festa, Deputy Director of the City's Parks and Community Engagement Department, spoke. 6. Rolando Llanes (architect), 8323 Northwest 12 Street, spoke regarding a contamination study. 7. Debora Storch, Planning and Zoning Official, spoke regarding notice to neighbors. Motion to approve - Motion by Council Member Carl Zogby, seconded by Vice President Luis Rodriguez AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby B. O R D I N A N C E: First reading of proposed ordinance rezoning property from GU (Interim District Miami- Dade County Zoning Designation) to RH-3-M (Multiple-Family District); granting a Variance Permit to allow 100 percent of the units to be developed as RH-3-M, where a maximum of 30 percent of the units may be developed as RH-3-M on developments with total area of 11 to 49 acres; and allowing private streets, where private streets are not allowed, all in contrast to the Hialeah Code of Ordinances § 98-1606 (b) and § 98-1606 (o); property located at Folio No. 04-2021-001-0480, Hialeah, zoned G U (I nterim District Miami-Dade County Zoning Designation) and legally described herein; repealing all ordinances or parts or ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. • On January 15, 2025, the Planning and Zoning Board recommended approval subject to conditions: 0Conditions: ■ Ensuring a continued traffic impact review through the site plan review phase. ■ The materialization of the proposed exterior signalized a crosswalk and public sidewalk. ■ The adherence to the proposed site plan. ■ The commitment to provide diverse building elevations throughout the development. ■ The commitment to build pedestrian-safe street intersections within the interior street network. • Registered Lobbyist: Alessandria San Roman Esq., Amanda M. Naldjieff Esq., Alejandro J. Adams Esq., Hugo P. Arza Esq., and Erica C. Adams Esq., 701 Brickell Avenue 3300 Miami, FL 33131 on behalf of ITA Regio, LLC. • Planner's Recommendation: Approval with conditions. • Property Owners: Mitchel Sabina and Michael Osman APPROVED 5-0-2 with Council Member Perez and Council Member Tundidor absent.  SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR FEBRUARY 11, 2025 AT 5:30 P.M. R E P O RT: Hugo Arza, Registered Lobbyist, 701 Brickell Avenue, addressed the City Council with a presentation, a copy of which is on file with the Office of the City Clerk. REPO RT: Debora Storch, Planning and Zoning Official, spoke on the item. Motion to approve - Motion by Vice President Luis Rodriguez, seconded by Council Member Juan Junco AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby C. O RD I N A N CE : First reading of proposed ordinance granting a Conditional Use Permit (CUP) pursuant to the City of Hialeah Code of Ordinances § 98-181 to allow a supervisory residential care and treatment facility with the existing 120 beds plus 12 new beds; a Variance Permit to allow the expansion of a non- conforming use existing at 120 beds plus 12 new beds; a Variance Permit to allow the expansion of a non- conforming use existing at the site since 1984; and allowing 40 parking spaces, where 44 parking spaces are required, in contrast to the City of Hialeah Code of Ordinances § 98-2189 (21); property located at 5345 West 18 Avenue, Hialeah, zoned R-3-3 (Multiple-Family District) and legally described herein ; repealing all ordinances or parts of ordinances in conflict herewith; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for an effective date. • On January 15, 2025, the Planning and Zoning Board recommended approval of the item. • Registered Lobbyist: Javier Vazquez, Esq, 1450 Brickell Ave Miami, FL 33165, on behalf of Allarian Rehabilitation and Senior Living Propco, LLC. • Planner's Recommendation: Approval. • Property Owners: Hialeah Manager, LLC, Ben Kurland, and Ben Berkowitz, 1105 E. County Line Road, Suite 201, Lakewood, NJ 08701. APPROVED 5-0-2 with Council Member Perez and Council Member Tundidor absent. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR FEBRUARY 11, 2025 AT 5:30 P.M. REPORT: Javier Vazquez, Registered Lobbyist, 1450 Brickell Avenue, addressed the City Council. Motion to approve - Motion by Vice President Luis Rodriguez, seconded by Council Member Juan Junco AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby D. O RD I N A N CE: First reading of proposed ordinance granting a Variance Permit to allow a proposed 11- story parking garage, where 2 stories are the maximum allowed, contrast to Hialeah Code of Ordinances § 98- 1375; properties located at 3667 N W 48 Terrace and 3666 N W 49 Street, 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 January 15, 2025, the Planning and Zoning Board recommended approval of this item subject to the condition that the property owner conduct a sound impact study before the time of the site plan and concurrency review.  • Planner's Recommendation: Approval • Property Owners: John Kane and Avra Jain (the managing members for Battlemap FT QOZB RE LLC, 7272 NE 6th Ct, #10, Miami, Florida 33138 APPROVED 5-0-2 with Council Member Perez and Council Member Tundidor absent. SECOND READING AND PUBLIC HEARING IS SCHEDULED FOR FEBRUARY 11, 2025 AT 5:30 P.M. REPORT: Avra Jain, property owner, addressed the City Council with a presentation, a copy of which is on file with the Office of the City Clerk. Motion to approve - Motion by Council Member Carl Zogby, seconded by Council Member Juan Junco AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby E. 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 food truck court adjacent to a commercial building, restricted to the property address and as legally described and specified herein, where food truck courts are not included as a permitted use within the City's commercial districts; granting a Variance Permit to allow 52 parking spaces, where 350 parking spaces are required; and allowing 84 parking spaces granted under City of Hialeah Ordinance No. 2023-031 attached hereto as Exhibit "B"; in contrast to Hialeah Code of Ordinances § 98-2189 (f); property located at 7551 West 4 Avenue, Hialeah, zoned C-3 (Extended Liberal Commercial District) 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 January 15, 2025, the Planning and Zoning Board recommended approval of the item subject to conditions: 0 Provide 58 trees on-site within 6 months of the recordation of the DOR or paying the mitigation so that the City can plant those trees elsewhere ($750.00 per tree for a total amount of $43,500.00) 0 Prohibiting uses such as automobile repairs and uses requiring dedicated parking spaces 0 Building a fire-rated wall along the north end of the property line to separate the gas station from the food trucks and obtain BTRs. • Registered Lobbyist: Alessandria San Roman Esq, Alejandro J. Arias Esq., Hugo Azra, Esq. and Erica C. Adams, Esq., 701 Brickell Avenue 3300 Miami, FL 33131, on behalf of Prestige 7551, LLC. • Planner's Recommendation: Approve with conditions for the parking variance and for the foods trucks Special Use Permit. • Property Owners: Prestige 7551, LLC A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. 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 FEBRU A RY 11, 2025 AT 5:30 P.M. R E P O RT: Alejandro Arias, Registered Lobbyist, 701 Brickell Avenue, addressed the City Council with a presentation, a copy of which is on file with the Office of the City Clerk. Motion to approve - Motion by Vice President Luis Rodriguez, seconded by Council Member Carl Zogby AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez  Council Member Carl Zogby F. PO STPO N ED PER TH E A PPLI CA N TS REQ U EST U N TI L TH E CI TY CO U N CI L M EETI N G O F FEBRU A RY 11, 2025 AT 5:30 P.M. Recommendation of Denial by the Planning and Zoning Board granting a Variance Permit to allow a single- family home on each substandard parcel (Parcel A including lots 14 and 15 and Parcel B including lots 16 and 17) having a total area of 6,900 square feet, where 7,500 square feet is the minimum required; allow each parcel to have a lot width of 50 feet, where 75 feet is the minimum required, and allow Parcel A and Parcel B to have interior east side setbacks of 5 feet, where 5 feet 1 inch is required. Property located at 316 East 43 Street, Hialeah, zoned R-1 (One-Family District). • On January 15, 2025, the Planning and Zoning Board recommended denial of the item. • Planner's Recommendation: Denial • Property Owners: Hunny Palacios, 650 West 15 Street, Hialeah, Florida 33010 17. FINAL DECISIONS A. R E S O L U T I O N : Proposed resolution approving the Final Decision of the Planning and Zoning Board, Decision No. 2025-01 , allowing a west side setback of 5 feet, where 6 feet are required for an existing addition; property located at 451 East 35 Street, Hialeah, zoned R-1 (One-Family District); and providing for an effective date. • On December 11, 2024, the Planning and Zoning Board recommended approval of the item subject to the condition that the conversion of the porch into a living area needs to be legalized. • Planner's Recommendation: Approval with conditions. • Property Owners: JoseCarlo Hernandez, 451 East 35 Street, Hialeah, Florida, 33013. A PPRO V ED 5-0-2 with Council Member Perez and Council Member Tundidor absent. RESO LU TI O N N O. 2025-039 REPO RT: Josecarlo Hernandez, property owner, 451 East 35 Street, addressed the City Council. REPO RT: Debora Storch, Planning and Zoning Official, spoke on the item. Motion to approve - Motion by Council Member Carl Zogby, seconded by Council Member Juan Junco AYE: President Jacqueline Garcia-Roves Council Member Juan Junco Council Member Melinda De La Vega Vice President Luis Rodriguez Council Member Carl Zogby 18. ADJOURNMENT REPORT: Council President Garcia-Roves adjourned the meeting at 8:24 p.m. NEXT CITY COUNCIL MEETING: Tuesday, February 11, 2025 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).