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03-17-09 Item 301 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE POSITION OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2, "ADMINISTRATION AND CITY GOVERNMENT," SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR _ AN ANNUAL PERFORMANCE EVALUATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager in a "city- manager" form of government serves as the chief administrative and executive officer of the city; and, WHEREAS, the City Manager is hired to serve the City Commission and the Community while bring to the local government the benefits of training and experience in administering local government projects and programs on behalf of the governing body; and, WHEREAS, the City Manager prepares a recommended budget for the City Commission's consideration; recruits, hires, and supervises the government's staff; serves as the commission's chief adviser; and carries out the commission's policies; and, WHEREAS, the City of South Miami recognizes the importance and responsibility of this key position; and, WHEREAS, the City Commission recognizes its duty to provide clear direction, oversight and annual evaluations of the City Manager's performance for adoption of an annual budget and of appointed staffs' administration of City operations; and; WHEREAS, the City Commission recognizes such evaluations are a good mechanism of ensuring strong working relationships and of communicating priorities. NOW, THERFORE, BE IT -ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City of South Miami . Code of Ordinances, Chapter 2, "Administration and City Government," Section 2 -4.4, entitled "reserved" is hereby amended to reads as follows: 2-4.4 ReseT1tid. City Manager evaluation. (a) In order to establish and maintain effective City Commission and City Manager relations it is essential that the City Commission establish an ongoing evaluation process that offers an opportunity for each party to review the performance of the City Page 1 of 3 I Manager. This evaluation should focus on how effectively the City Manager is 2 accomplishing the goals established by the City Commission and how s /he is carrying 3 out his /her responsibilities in key performance areas. Specifically, the evaluation should 4 serve the following needs: 6 1) Allow the City Manager and City Commission to test, identify, refine and tailor 7 their respective roles relationships and expectations of responsibilities to each 8 other. 10 2) Compare the progress of the City toward achieving the interim goals mutually 11 agreed to by the City Commission and the City Manager during the Budget 12 Process. 13 14 3) Allow discussion of the City Manager's strenqths and weaknesses as 15 demonstrated by performance during the evaluation period, with the objective of 16 increasing the City Manager's effectiveness. 17 18 4) Give the City Commission the opportunity to provide positive feedback in 19 areas that have been handled well and to clarify areas where the City Manager 20 could become more effective through improved performance 21 22 (b) The following process is established to conduct the performance evaluation of 23 the City Manager: 24 25 1) The evaluation process shall occur each year within sixty (60) days of the City 26 Manager's contract anniversary date. However, the Commission may require an 27 additional evaluation at any time during the year. 28 29 2) Approximately two (2) weeks before the evaluation is scheduled, the City 30 Clerk shall provide each Commission member with a copy of the standard 31 evaluation form. 32 33 3) The Mayor and each Commission member shall complete an evaluation form 34 and then meet with the City Manager to review their respective evaluations. 35 36 4) The City Clerk shall tabulate the evaluation results. 37 38 5) The f.mmPn ite evaluatiOR c)rnFn+ss +en shall he 39 daStFmbuted to the Ma.,nr and GA- Commission rinr to the Gqy-_-�Qernmissipi4 40 meetinn where the G*ty Manager's nerformanne mill he disn� �sserl TTfGv •y .i v.y... -. r� � �� � __ __ 41 42 (c) Any performance evaluation of the City Manager shall not be construed as a 43 contractual promise a contract or covenant of employment, nor is it a guarantee of 44 employment if certain performance standards are met. Continued employment of the 45 City Manager is solely a decision of the City Commission. 46 47 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be effective immediately after enactment. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall be codified and included in the Code of Ordinances. PASSED AND ADOPTED this day of 12009 ATTEST: CITY CLERK 1St Reading 2nd Reading READ AND APPROVED AS TO FORM: CITY ATTORNEY WAMy Documents \resolutions \Ordinance eval cm.doc Page 3 of 3 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Beckman: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Mlaml, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/Wa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, F!orld.a; 'hat u7a at'iachwd uup'y of aavertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 3117/2009 in the XXXX Court, was published in said newspaper in the issues of 03/06/2009 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me IN 0 ay of MA , A.D. 2 (SEAL) V. PEREZ personally known to me Sours Of a � u wweew+ i azs •� p�OR O CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct • Public, Hearings at its regular City Commission meeting scheduled for Tuesday, March 17, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: Resolution: A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20.4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT IN SECTION 20.4.4: ALL ON PROPERTY WITHIN AN ILO' LOW - INTENSITY OFFICE USE DISTRICT LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED ADMINISTRATION AND CITY GOVERNMENT; BY AMENDING SECTION 2 -7 ENTITLED 'ADMINISTRATIVE DEPARTMENT FUNCTIONS AND DUTIES'; TO INCLUDE SUBSECTION (E); PROHIBITING FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND /OR HAVE SUED THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE .CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED-_UNDER . LAW ;.. PROVIDING FOR SEVERABILITY,_ ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCl -OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE POSfTIOa OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2, 'ADMINISTRATION AND CITY GOVERNMENT; SECTION 2-4.4, ENTITLED 'RESERVED,' PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION; PROVIDING FO SEVERABILITY; PROVIDING FOR ORDINANCES I CONFLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY. COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED -LOT MAINTENANCE AND ABANDONED PROPERTY; OF CHAPTER 15, RELATING TO 'OFFENSES AND MISCEL- LANEOUS PROVISIONS'; PROVIDING FOR FINES, STANDARDS FOR LOT MAINTENANCE AND A DETER - MINATION OF ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF VIOLATIONSICITATIONS TO ALL INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI- CATION, SEVERABILITYAND AN EFFECTIVE DATE. ALL interested parties are Invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at .its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person 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. 316 09- 3- 67/1186384M MAT. i.61G"A ?,.�A4IS;IOr: >; p, 7 A170 <= ~,a EXr nES: AG:rdl4, 2012 n �f • Pm�- M�.�� v,:� "r. l9kx,rrners Sours Of a � u wweew+ i azs •� p�OR O CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct • Public, Hearings at its regular City Commission meeting scheduled for Tuesday, March 17, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: Resolution: A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20.4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT IN SECTION 20.4.4: ALL ON PROPERTY WITHIN AN ILO' LOW - INTENSITY OFFICE USE DISTRICT LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED ADMINISTRATION AND CITY GOVERNMENT; BY AMENDING SECTION 2 -7 ENTITLED 'ADMINISTRATIVE DEPARTMENT FUNCTIONS AND DUTIES'; TO INCLUDE SUBSECTION (E); PROHIBITING FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND /OR HAVE SUED THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE .CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED-_UNDER . LAW ;.. PROVIDING FOR SEVERABILITY,_ ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCl -OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE POSfTIOa OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2, 'ADMINISTRATION AND CITY GOVERNMENT; SECTION 2-4.4, ENTITLED 'RESERVED,' PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION; PROVIDING FO SEVERABILITY; PROVIDING FOR ORDINANCES I CONFLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY. COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED -LOT MAINTENANCE AND ABANDONED PROPERTY; OF CHAPTER 15, RELATING TO 'OFFENSES AND MISCEL- LANEOUS PROVISIONS'; PROVIDING FOR FINES, STANDARDS FOR LOT MAINTENANCE AND A DETER - MINATION OF ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF VIOLATIONSICITATIONS TO ALL INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI- CATION, SEVERABILITYAND AN EFFECTIVE DATE. ALL interested parties are Invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at .its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person 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. 316 09- 3- 67/1186384M 1R Miami's best skippers. No experience necessary. Volunteers needed; l p.m. Sunday; Shake -A -Leg Miami, 2620 S. Bayshore Dr., Coconut Grove; $15, $10 members. 305 - 858 -5550; ext.103 or shakealegmiami.org. Walk With Me Miami 2009: Three- mite family fun walk to be held on March 28. Easter Seals Walk With Me unites thousands of people in a com- mon cause to.provide help and hope. for individuals and families living with disabilities. Online registration available; through March 22; Ponce de Leon Circle Park; Palermo Street and Seville Avenue, Coral Gables; free. walkwithrrte.org /. HEALTH AND FITNESS, SPECIAL EVENTS Adolescent Depression /Anxiety Group: Open to kids 13 -17 who would like to join Support group aimed at fostering coping skills to alleviate and prevent feelings of anxiety and depression; 4 -5 p.m. Wednesday; (305) Music Lounge, 721 N. Lincoln 110.1 'TURN TO CALENDAR, 54 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE ISMEREBY given that the City Commission ofthe City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled far Tuesday, March 17, 2009 beginning at7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: Resolution: A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL ON PROPERTY WITHIN AN "LO" LOW- INTENSITY OFFICE USE DISTRICT LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA. Second Reading: AN ORDINANCE RELATING TO AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED ADMINISTRATION AND CITY GOVERNMENT; BY AMENDING SECTION 2 -7 ENTITLED "ADMINISTRATIVE DEPARTMENT FUNCTIONS AND DUTIES "; TO INCLUDE SUBSECTION (E); PROHIBITING FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND /OR HAVE SUED THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED UNDER LAW. AN ORDINANCE RELATING TO THE POSITION OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2, "ADMINISTRATION AND CITY GOVERNMENT," SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION. AN ORDINANCE RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED "LOT MAINTENANCE AND ABANDONED PROPERTY;" OF CHAPTER 15, RELATING TO "OFFENSES AND MISCELLANEOUS PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR LOT MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON.ANNUAL BASIS TO ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person 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. V L J Y Q Q z n J. .0 x E a, E w o. n c a� z_ E. Q y E .