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HomeMy WebLinkAbout2010 04 26 Public Hearing 503 First Reading Ordinance 2010-12 Districting Commission Recommendation COMMISSION AGENDA Consent Informational ITEM 503 Public Hearing X Re ular April 26, 2010 tie 04 Meeting Mgr. / De REQUEST: Community Development Department presents to the City Commission the Districting Commission's recommendation for the City Commission district boundaries, reflecting the January 31, 2010 population, and requests the City Commission approve first reading of Ordinance 2010 -12, to pass it to second reading. SYNOPSIS: This presents the Districting Commission's 2010 recommendation for City Commission district boundaries and its associated ordinance, as required by the City Charter. The revision is mandated every three (3) years and must occur at least 120 days prior to the next City election (November 2010). The Districting Commission recommends that the districting boundaries remain unchanged. CONSIDERATIONS: APPLICABLE CODE AND LAW: Section 4.02. Commission districts; adjustment of districts. (a) Number of districts. The City Commission of the City of Winter Springs, Florida, shall by separate ordinance divide the City into five (5) geographical commission districts. (b) Districting commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the City Commission shall appoint seven (7) city electors determined from the registration of the last regular election, one (1) to be appointed by each commissioner from his/her respective district, and two (2) appointed by the mayor from the City at large, who shall comprise the districting commission. Electors chosen shall not be employed by the City in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor from the City at large. (c) Report; specifications: The districting commission shall file with the official designated by the city commission a report containing a recommended plan for establishment or adjustment of the commission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such report within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to April 26, 2010 COMMISSION PUBLIC HEARING AGENDA ITEM 503 Page 2 of 4 the districting commission. The Commission district boundaries shall comply with the following specifications: (1) Each district shall be formed of compact contiguous territories, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and technical data to the districting commission. (e) Procedure. The procedure for the city commission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursuant to this Chapter and general law, it must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. The city commission shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the City commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordinance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c) of this Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enactment shall supersede previous commission districts and boundaries for all purposes; provided all incumbent commissioners shall continue to hold office for the entire term to which elected notwithstanding any change in commission district and boundaries. DISCUSSION: The population per commission district is depicted in the attached table for 2004, 2007, and 2010. The January 31, 2004, population (basis for the 2004 districting map is depicted as the revised estimated population for January 31, 2004) has been adjusted to January 31, 2007 and January 31, 2010, by the same methodology used by former Current Planning Coordinator Don LeBlanc and by subsequent planning staff since 2001. The district boundaries have been adjusted to accommodate the population changes with as little population variation as possible among the districts. Previous staff had estimated the January 31, 2001 population at 32,515; the current staff estimated the January 31, 2004 population at 33,893. The January 31, 2007 population estimate was 35,295. This was slightly higher than the Metro Orlando Economic Development Commission's 2006 estimate for the City, which was 34,621. The January 31, 2010 population estimate is 35,596, which is slightly higher than the 35,385 estimate provided by the Florida Housing Data Clearinghouse. The bottom line (labeled "percentages ") represents the percentage of that revised district of the total estimated January 31, 2010, City population. The perfect district size for this population is 7,119 (35,596/5 = 7,119). The process of setting district boundaries should try to adhere to obvious boundaries and to try to provide as equitable a population distribution as possible. April 26, 2010 COMMISSION PUBLIC HEARING AGENDA ITEM 503 Page 3 of 4 DISTRICTS 1 2 3 4 5 Est Population 01 -31 -04 6808 6755 6746 6713 6871 Est Population 01 -31 -07 7112 6998 6979 7122 7084 Est Population 01 -31 -10 7117 7111 6984 7227 7157 Percentages 19.99 19.98 19.62 20.30 20.11 The Districting Commission and staff propose to leave the district boundaries as they are. Findings: 1) The Districting Commission was appointed by City Commission action of November 23, 2009, and December 14, 2009. 2) The City Commission approved Resolution 2010 -12 on March 22, 2010 providing for appointments to the 2010 Winter Springs Districting Commission; providing a due date for a report containing a recommended plan for adjustment of commission district boundaries; and providing a due date for the City Commission to adopt or reject a redistricting ordinance. 3) The districting commission must file a report containing a recommendation for the establishment or adjustment of commission district boundaries by May 14, 2010. 4) The only portion of Florida State Statutes which approximates the "mathematical preciseness reached in the legislative apportionment of the state" is that found in Section 124.01, Florida Statutes, which reads "shall be as nearly equal in proportion to population as possible ". The Staff recommendation presented to the Districting Commission has a difference of two hundred forty three (243) persons between the proposed highest populated district (District 4) and the proposed lowest populated district (District 3). 5) The Districting Commission recommended district map has followed street rights of way, power easements, streams, etc., as much as possible. 6) At its April 6, 2010 meeting, the Districting Commission received the recommendation of staff to leave the districting boundaries as they are, but was shown how the boundaries could receive very minor adjustments in two areas (Carrington Woods units I and II and North Orlando Townsite, Fourth Addition), if they so chose. 7) At its April 6, 2010 meeting, the Districting Commission asked questions of staff and voted 7 -0 to recommend that the districting map boundaries remain the same. April 26, 2010 COMMISSION PUBLIC HEARING AGENDA ITEM 503 Page 4 of 4 8) The City Commission does not have to accept the Districting Commission's recommendation. The City Commission must accept or reject a redistricting ordinance by July 5, 2010. FISCAL IMPACT: The only impact will be new maps, staff time, the City Attorney's time to draft Ordinance No. 2010 -12, and payment to the Committee members. COMMUNICATION EFFORTS: No communication efforts beyond the advertising of the agenda are necessary in conjunction with this agenda item. RECOMMENDATION: The Districting Commission and Staff recommend that the City Commission accept the Districting Commission's proposed districting map with the proposed district boundaries and approve the associated Ordinance No. 2010 -12. ATTACHMENTS: A — Districting Commission draft Minutes B - 2010 Proposed District Boundary Map C — 2007 District Map D — Ordinance No. 2010 -12 ATTACHMENT A CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES DISTRICTING COMMISSION MEETING APRIL 6, 2010 CALL TO ORDER The Meeting of Tuesday, April 6, 2010 of the Districting Commission was called to Order at 7:00 p.m. by Joan L. Brown, Deputy City Clerk in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Board Member Pamela Carroll, present Board Member Melanie Chase, present Board Member Linda Collins, present Board Member George Colombo, present Board Member Ron Ligthart, present Board Member Patrick O'Brien, present Board Member Naomi Roberts, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Not Used. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Reports. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES DISTRICTING COMMISSION MEETING - APRIL 6, 2010 PAGE 2 OF 6 PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. REGULAR AGENDA REGULAR 600. Office Of The City Clerk Presenting An Orientation For New Members. Deputy City Clerk Brown reviewed the Orientation package; conducted the Oath of Office; and swore in the new Board Members. REGULAR 601. Office Of The City Clerk Requesting An Election Of Chairperson Be Held For 2010. "I WOULD LIKE TO NOMINATE RON LIGTHART." MOTION BY BOARD MEMBER CARROLL. SECONDED. DISCUSSION. RON LIGTHART STATED, "I WOULD POLITELY LIKE TO DENY THAT — I APPRECIATE THE OFFER." "I WILL NOMINATE GEORGE COLOMBO." MOTION BY BOARD MEMBER COLLINS. SECONDED BY BOARD MEMBER LIGTHART. DISCUSSION. DEPUTY CITY CLERK BROWN ASKED BOARD MEMBER COLOMBO, "DO YOU ACCEPT ?" BOARD MEMBER COLOMBO REPLIED, "I ACCEPT AS CHAIRMAN." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES DISTRICTING COMMISSION MEETING - APRIL 6, 2010 PAGE 3 OF 6 VOTE: BOARD MEMBER COLLINS: AYE BOARD MEMBER ROBERTS: AYE BOARD MEMBER O'BRIEN: AYE BOARD MEMBER CHASE: AYE BOARD MEMBER LIGTHART: AYE BOARD MEMBER CARROLL: AYE BOARD MEMBER COLOMBO: AYE MOTION CARRIED. REGULAR 602. Office Of The City Clerk Requesting An Election Of Vice Chairperson Be Held For 2010. "I WOULD LIKE TO NOMINATE (PAMELA) CARROLL." MOTION BY BOARD MEMBER LIGTHART. SECONDED BY BOARD MEMBER CHASE. DISCUSSION. DEPUTY CITY CLERK BROWN ASKED BOARD MEMBER CARROLL, "DO YOU ACCEPT ?" THERE WAS NO OBJECTION. VOTE: BOARD MEMBER LIGTHART: AYE CHAIRPERSON COLOMBO: AYE BOARD MEMBER O'BRIEN: AYE BOARD MEMBER CHASE: AYE BOARD MEMBER ROBERTS: AYE BOARD MEMBER COLLINS: AYE BOARD MEMBER CARROLL: AYE MOTION CARRIED. REGULAR 603. Community Development Department — Land Development Division Presents To The Districting Commission A Recommendation For The New City Commission District Boundaries, Reflecting The January 31, 2010 Population. The Districting Commission Must Forward A Recommendation To The City Commission For Its Action. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated, "We are here to prepare the new (Commission) Districting Map to reflect the population change between February 1 2007 and January 31 (2010) of this year. We had 112 residential Certificates of Occupancy during that time. It was a time of relatively slow growth, so the (Commission District) Map has not changed a lot. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES DISTRICTING COMMISSION MEETING - APRIL 6, 2010 PAGE 4 OF 6 The population, based on our estimate is thirty -five thousand five hundred and ninety -six (35,596) slightly higher than the thirty -five thousand three hundred eighty -five (35,385) provided by the Florida Housing Data Clearing House as noted in your Report." The Commission District Map dated May 2004 was displayed next. Continuing, Mr. Baker commented, "We have not recommended changing the 2007 (Commission District) Map. We think the numbers are very close." Referencing Districts Four and Five, Mr. Baker added, "We feel we can tweak the (Commission District) Map just a little bit in here, if you wish. We are comfortable with it the way it is, but if you want to make it a little more close, we can get a few more units here and we can actually make a little change right here. District Four is the most populace District with seven thousand, two hundred and twenty - seven (7,227) estimated residents right now. So, if we do take a few units out of here, we can make these two (2) a little closer without drastically redrawing the (Commission District) Map." Discussion. Next, Mr. Baker asked, "Do you all want to consider tweaking the (Commission District) Map or do you consider it to be close enough the way it is ?" Chairperson George Colombo asked, "Last time you plotted the existing Commission Member's residences — we have had Elections since then and a couple of changes. Is anybody anywhere near the boundaries ?" Mr. Baker replied, "I have not done that this time to be honest with you." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "Last time we did and — the one that was close, was in District Five." Mr. Stevenson added, "The others were well within their Districts. We will double check that before we finalize anything for you as well." Continuing, Mr. Stevenson stated, "Mathematically, we haven't had a tremendous amount of growth in the last three (3) years, but there had been some changes but they are all well within the percentages. We are in about a percent and a half (11/2%) or two percent (2 %). We usually shoot for five percent (5 %) — we usually perform much better than the five percent (5 %). That is what we have done this time, however just minor tweaks. But the reason why we wanted to bring some of these up to you was that looking at future development right now, most of what we are looking at — most of the future development will be it appears in District Two. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES DISTRICTING COMMISSION MEETING - APRIL 6, 2010 PAGE 5 OF 6 So, if we make the changes here in Carrington Woods, we begin to get rid of some of those odd shapes that we have inherited as well as equalize the population between these two (2) Districts knowing that District Two will grow over the next three (3) years, probably more so then the other Districts. So, we are trying to anticipate some of that as well." Vice Chairperson Pamela Carroll asked, "Why are we looking at the May 2004 (Commission District Map) but we are talking about the 2007 (Commission District Map) ?" Mr. Stevenson replied, "Actually, this is a little bit better graphically, but we also did want to tell you, this is where we started and these changes are what we did in 2004 and they resulted in the 2007 (Commission District) Map. I can put that up. It's a little bit hazy graphically, that is the reason why we left this one up here." Next, Chairperson Colombo asked, "Has there been any questions or issues with the boundary in District Three — the irregularity ?" Mr. Baker replied, "No. There has never been any controversy over any of this and this is the third time I have done Districting." Board Member Ron Ligthart asked, "Did you receive any inputs from citizens regarding this ?" Mr. Baker replied, "No." Mr. Baker asked, "Would you like to see the areas that we have identified if you were to change the (Commission District) Map? We could zoom into Carrington Woods." Mr. Stevenson commented, "As we look at these two (2) areas, understand that in zone Two, we actually bisect Carrington Woods and Arbor Glen. So, those would be the first ones we would look to change if we had to change this in the future." The Commission District Map 2004 was displayed again for the Board's review. Mr. Baker spoke of various lots in Carrington Woods. Chairperson Colombo asked, "And it is in District Two where we anticipate there is going to be development ?" Mr. Baker replied, "In the Town Center and the GreeneWay (Interchange District)." Board Member Melanie Chase asked, "If we were to move — eighteen (18) lots, what is the cost to the City to redo all the (Commission District) Maps and are people notified that their District has changed ?" Mr. Baker replied, "The people are not notified. They are posted on the site. We have our GIS (Geographic Information Systems) people just make the changes to the (Commission District) Maps which we would have to change the date on the (Commission District) Map anyhow." Chairperson Colombo asked, "There is no effective cost to the City ?" Mr. Baker answered, "It is very minimal." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES DISTRICTING COMMISSION MEETING — APRIL 6, 2010 PAGE 6 OF 6 Next, Mr. Baker pointed out the North Orlando TownSites on the Commission District Map and spoke of lots and number of residents in Districts One and Four. Chairperson Colombo then inquired, "Your recommendation is to leave it the way it is ?" Mr. Baker replied, "We have no problem leaving it the way it is. But, we wanted to point out that if you chose to make it tighter than it is, these are some easy options that we have identified. They are not necessarily the only options. You might find something better. We were just trying - to make minor modifications that did not radically change the (Commission District) Map." Continuing, Mr. Baker read the "Findings:" of the Agenda Item. Discussion. "I WILL MAKE A MOTION TO ACCEPT THE STAFF'S RECOMMENDATION. I DO NOT SEE ANY ISSUES. I WOULD RATHER NOT MAKE CHANGES IF IT IS NOT REQUIRED. THEY ARE MINOR ANYWAY AND LEAVE IT AS IS AND KEEP IT SIMPLE." MOTION BY BOARD MEMBER LIGTHART. SECONDED BY VICE CHAIRPERSON CARROLL. DISCUSSION. VOTE: CHAIRPERSON COLOMBO: AYE BOARD MEMBER O'BRIEN: AYE BOARD MEMBER CHASE: AYE BOARD MEMBER ROBERTS: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRPERSON CARROLL: AYE BOARD MEMBER LIGTHART: AYE MOTION CARRIED. ADJOURNMENT Chairperson Colombo adjourned the Meeting at 7:32 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: GEORGE COLOMBO, CHAIRPERSON DISTRICTING COMMISSION NOTE: These Minutes were approved on , 2010. / CITY OF WINTER SPRINGS 7 / 0 1 COMMISSION DISTRICT MAP (I) October 2007 .N1NTeR , - ... x -- ' • 11 a t _ b ri y � / 4 . F rb ...Y'� \ 11 -i j {, i C�t, tisf r/ ,1; "7,•.,-,.:,,,,,,-,,,...;.' �` /``sue 1 • y � ..., , so y �' . .. f t --41-. � , - _. !g' r , ` Y - ,,_„1-,..,, 1 ..:.,1,.. .,...,..,,..,::-..0.:.,::„ ,. ,_,--.., ).- -. k . ^ stn . .w x � ^ tt , w 1 1 o -\\-2 frmili 0 to o -, x • 4 „ :; t L. a s t.... Q C: D - , S ;„ --, , " - .. i 1 j cj ���y fit • • f-- K.%t • i 1`' , \� J \J % ,j .' b • 4 ?� r . • e j \ �� r-�j a' + 1 f . _ / • n , r 1 f ' lir . 1 , „ µ, ORDINANCE NO. 2010 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING THE MAP AND DESCRIPTION OF THE RECOMMENDED COMMISSION DISTRICTS FILED WITH THE CITY COMMISSION BY THE DISTRICTING COMMISSION PURSUANT TO SECTION 4.02 OF THE WINTER SPRINGS CITY CHARTER; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs City Charter requires that the City be divided into five (5) geographic voting districts for purposes of electing a City Commissioner from each district; and WHEREAS, in accordance with Section 4.02 of the City Charter, the City Commission is required to periodically appoint a districting commission to redraw the voting districts based on population and acceptable constitutional voting rights principals; and WHEREAS, the Districting Commission is required by City Charter to recommend a voting district map to the City Commission for consideration; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds that the voting district map recommended by the Districting Commission on April 6, 2010 is acceptable and also finds that it is in the best interests of the citizens of Winter Springs to approve said map. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Voting District Map. Pursuant to Section 4.02 of the Winter Springs City Charter, the City Commission hereby approves the voting district map recommended by the Districting Commission. Said Voting District Map is attached hereto as Exhibit "A" and hereby fully incorporated herein by this reference. Section 3. Future Elections. The Voting District Map approved hereunder shall be used by the City for all City Commission municipal elections occurring after the effective date of this ordinance. City of Winter Springs Ordinance No. 2010 -12 Page 1 of 2 Section 4. Filing of Voting District Map with City Clerk. The Voting District Map shall not be codified into the City Charter or Code. However, a copy of the Voting District Map shall remain on file with the City Clerk's office for public inspection and/or copying. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. JOHN F. BUSH Mayor ATTEST: ANDREA LORENZO- LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2010 -12 Page 2 of 2 OF WINTER DISTRICT I CT ild . // — April 2010 i wre k 14 • Aprl *I, 4 . 0 Y / CCOITrinYm WINTER ._LoftIO ...., „. .. ,.., ,. / , ,z/7.-- • :,..., aioit ',,'.42-...i. • j •_,L. --- 5 - - ''' 4...—ir 4.''' -.=. '.` . ..1"/, / .'2•44'.• --'; ;,..4"-- 'V , 4 : - '1' ..: 4 ),', :',\:,. ; k t".- ' 'itt-41- '''''''''' .-^ ' ' '• tf,l/ if,11/1// _L ' !•41.„' '' '''• ' 11.-- •1/11,77i1 '• T- * I ' '.14'14",',4j -,-.:A,:-..,:;-; ,., Y --, 1 i i'll'AVIS,',”-tA44:e' ., ' ' • I ''. \ \ • - ;,', \ \ 1 .t1' -.•o?. - 1 .! - 0; ,- ...;- , --;...- - , -,";.-",-;.,:, ;•;,; fi++-4!-'t!, • '---r-+. ” /i"- ' , •p;!.) p,,."•,,"' +'..4, '' '1 !'i. 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