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HomeMy WebLinkAbout2007 08 13 Public Hearing 502 Ordinance 2007-23 Districting Commission RecommendationC OMMIS SION AGENDA ITEM 502 August 13, 2007 Meeting Consent Informational Public Hearin X Re ular ~ r~ Mgr. / t. REQUEST: Community Development Department presents to the City Commission the Districting Commission's recommendation for the revised City Commission district boundaries, reflecting the January 31, 2007 population, and requests the City Commission approve first reading of Ordinance 2007-23, to pass it to second reading. PURPOSE: The purpose of this agenda item is to present to the City Commission the Districting Commission's 2007 recommendation for the revision of 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 2008). 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 corrunissioner from his/her respective district, and two (2) appointed by the mayor from the City at large, who shall comprise the districting cominission. Electors chosen shall not be employed by the City in any other capacity. The initial districting commission, creating and establishing the first comtnission districts, shall be appointed by each corrunissioner and the mayor from the City at large. (c) Report; specifications: The districting commission shall file with the of~cial designated by the city commission a report containing a recommended plan for establishment or adjustment of the comnussion district boundaries. The initial districting commission, creating and establishing the first c;ommission 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 the districting commission. The Commission district boundaries shall comply with the following specifications: Aug 13, 2007 COMMISSION PUBLIC HEARING AGENDA ITEM 502 Page 2 of 4 (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. ( fl 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 rej ected 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 and 2007. 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, by the same methodology used by former Current Planning Coordinator pon LeBlanc and by subsequent planning staff in 2004. 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 is 35,295. This is slightly higher than the Metro Orlando Economic Development Commission's 2006 estimate for the City, which was 34,621. The bottom line (labeled "percentages") represents the percentage of that revised district of the total estimated January 31, 2007, City population. The perfect district size for this population was 7,059 (35,295/5 = 7,059). 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. Aug 13, 2007 COMMISSION PUBLIC HEARING AGENDA ITEM 502 Page 3 of 4 DISTRICTS 1 2 3 4 5 Est Population 01-31-04 6569 6706 6676 6474 7468 Revised Est Population 01-31-04 6808 6755 6746 6713 6871 Est Population 01-31-07 6816 7226 6751 7149 7353 Revised Est Population 01-31-07 7112 6998 6979 7122 7084 Percenta es 20.15016 19.82717 19.77333 20.17849 20.07083 A summary of the proposed modifications to the existing district boundaries are as follows: a. A portion of Carrington Woods and a portion of Arbar Glenn was moved from District 2 into District 3; b. Annexations, including Orange Avenue annexations and properties at the east end of the City, were included in District 2; c. The Jesups Reserve and adjacent Ondick (the approximately 10 acres east of Jesup's Reserve - the site of the Pinch-a-Penny Pool Supply) were annexed and placed in the adjacent District 5; d. The remaining residential units in the commercially zoned strip along the north side of SR 434, between Wade Street and Sherry Avenue, have been moved from District 4 into District 5. e. The area south and west of South Edgemon Avenue, south of Cottonwood Drive, was moved from District 5 into District 1. FINDINGS: 1) The Districting Commission was appointed by City Commission action of March 26, 2007, and April 23, 2007. 2) The one hundred twenty (120) day requirement has not been an issue this year, since the next City election is in November 2008. A report can be filed prior to the one hundred twenty (120) day period. 3) The only portion of Florida State Statutes which approximates the "mathematical preciseness ~~ • reached in the legislative apportionment of the state is that found in Florida Statutes Section 124.01 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 one hundred forty three (143) persons between the proposed highest populated district (District 4) and the proposed lowest populated district (District 3). The goal that the previous Commission had established was to have no more that a one percent (1%) population difference between districts. The recommendation presented has a difference of less than 0.5 percent (0.0040515 of the total population estimate) between the most populated and the least populated districts. 4) The City Commission does not have to accept the Districting Commission's recommendation. Aug 13, 2007 COMMISSION PUBLIC HEARING AGENDA ITEM 502 Page 4 of 4 5) The Districting Commission recommended district map (the vote was 5- 0 for the proposed map and district boundaries). This map has followed street rights-of-way, power easements, streams, etc., as much as possible and does not remove any existing commissioner from his/her district. DISTRICTING COMMISSION: The Districting Commission met on July 26, 2007 and voted 5- 0 to recommend the attached districting map and district boundaries to the City Commission. RECOMMENDATION: Staff recommends that the City Commission accept the Districting Commission's proposed districting map with the proposed district boundaries and approve the associated Ordinance No. 2007-23. ATTACHMENTS: A - Districting Commission minutes B- 2007 Proposed District Boundary Map C - 2004 District Map D - Ordinance No. 2007-23 CITY COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS, FLORIDA MINUTES DISTRICTING COMMISSION MEETING JULY 26, 2007 CALL TO ORDER The Districting Commission Meeting of Thursday, July 26, 2007, was called to Order at 6:05 p.m. by Ms. Danielle Harker, Assistant to the City Clerk, in the City Commission Chambers (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ATTENDANCE: Chairman George Colombo, present Vice Chairman Don Jonas, present Districting Commission Member Linda Collins, present Districting Commission Member Maureen Landgraf, present Districting Commission Member Ron Ligthart, present The Pledge of Allegiance was led by Board Member Ron Ligthart. Ms. Harker began the Orientation. Districting Commission Member Ligthart stated, "I do not want to get paid for this." Ms. Harker replied, "I will ask tomorrow and I will give you a call and let you know." Continuing, Ms. Harker completed the Orientation and the Districting Commission Members were sworn in. Discussion followed on electing a Chair for the Districting Commission. "I NOMINATE GEORGE COLOMBO." MOTION BY DISTRICTING COMMISSION MEMBER DON JONAS. SECONDED BY DISTRICTING COMMISSION MEMBER LIGTHART. DISCUSSION. VOTE: DISTRICTING COMMISSION MEMBER LINDA COLLINS: AYE DISTRICTING COMMISSION MEMBER GEORGE COLOMBO: AYE DISTRICTING COMMISSION MEMBER JONAS: AYE DISTRICTING COMMISSION MEMBER MAUREEN LANDGRAF: AYE DISTRICTING COMMISSION MEMBER RON LIGTHART: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES DISTRICTING COMMISSION MEETING - JULY 26, 2007 PAGE 2 OF 5 Regarding electing a Vice Chair for the Districting Commission, the following comments were made. "I WOULD LIKE TO MAKE A MOTION FOR DON JONAS." MOTION BY DISTRICTING COMMISSION MEMBER LIGTHART. SECONDED BY DISTRICTING COMMISSION MEMBER COLLINS. DISCUSSION. VOTE: CHAIRMAN COLOMBO: AYE DISTRICTING COMMISSION MEMBER LANDGRAF: AYE DISTRICTING COMMISSION MEMBER LIGTHART: AYE DISTRICTING COMMISSION MEMBER COLLINS: AYE DISTRICTING COMMISSION MEMBER JONAS: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Not Used. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS None were noted. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES DISTRICTING COMMISSION MEETING - JULY 26, 2007 PAGE 3 OF 5 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. REGULAR AGENDA REGULAR 600. Community Development Department - Land Development Division Presents To The Districting Commission A Recommendation For The New Commission District Boundaries A Recommendation For The New City Commission District Boundaries, Reflecting The January 31, 2007 Population. The Districting Commission Must Forward A Recommendation To The City Commission For Its Action. Mr. Randy Stevenson, Director, ASLA, Community Development Department addressed the Districting Commission regarding this Agenda Item. Mr. John Baker, AICP, Senior Planner, Community Development Department said, "The numbers for this are - calculated - from January 31St through January 31St of - the next three (3) years. So, things have received Certificate of Occupancy from February lst of 2007 are not included in this. It's only from February the 1 St of 2004 through January 31 S` of 2007." Continuing, Mr. Baker explained, "You have ninety (90) days from the time that you - were Appointed and the last one of you was Appointed in April 23rd of this year to - make a- recommendation - the City Commission does not have to accept that recommendation." Mr. Baker continued, "We've made an estimate that comes out to 35,295 residents of the City. It's very close to the estimate that you have beside you from the Orlando Economic Development Commission from April, I believe, of the previous year, which was 34,621. So, we feel we're in pretty good shape." Mr. Stevenson stated, "The initial Committee was to be ninety (90) days. Thereafter, we have a hundred and twenty (120) days. So, we do have a little bit more time to work with here." Mr. Baker explained, "The perfect District size based on this estimated population would be 7,059. We - have come very close to that and as Mr. Stevenson has - pointed out; we're less than one half of one percent of the total population when you subtract the - highest number we have for one (1) District from the lowest number in another District. That's very consistent with what we've done in the previous two (2) Districtings; both 2001 and 2004." Mr. Baker showed the Districting Commission on the map how the Districts had changed. Discussion. CITY OF WINTER SPR[NGS, FLORIDA MINUTES DISTRICTING COMMISSION MEETING - JULY 26, 2007 PAGE 4 OF 5 Mr. Baker commented, "We feel we've got the - numbers very close, well within the acceptable level of what we had three (3) years ago. We hope that - you agree with that." Further discussion. Mr. Stevenson pointed out, "Also, what you don't have on your map, and I will point out that is up here, the little circles that you see, those are where the Commissioners live. We wanted to make sure we didn't take a Commissioner out of they're own District. So, that's what those are indicative of." Districting Commission Member Ligthart said, "So, if I understand correctly: this does not affect any of the current Commissioners." Mr. Stevenson replied, "No, sir." Further discussion. Regarding compensating for future growth, Mr. Stevenson remarked, "At this point we really can't. We certainly are preparing for it and planning for it because we know when we do this in three (3) years there will be a lot of growth." Discussion continued. Mr. Stevenson commented, "We've not heard any opposition." Mr. Stevenson continued, "I think it would mean a whole lot more to somebody - if it maybe changed the Commissioner for whom they could Vote, based upon which District they were in. But since all of our Commissioners are elected at large, I think maybe that's the reason we haven't heard- any opposition at this point." "I RECOMMEND WE ACCEPT THE STAFF'S RECOMMENDATION." MOTION BY VICE CHAIRMAN JONAS. SECONDED BY DISTRICTING COMMISSION MEMBER COLLINS. DISCUSSION. VOTE: DISTRICTING COMMISSION MEMBER LIGTHART: AYE DISTRICTING COMMISSION MEMBER COLLINS: AYE DISTRICTING COMMISSION MEMBER LANDGRAF: AYE VICE CHAIRMAN JONAS: AYE CHAIRMAN COLOMBO: AYE MOTION CARRIED. Mr. Stevenson commented, "I want to personally thank you all very much." Mr. Stevenson continued, "And we appreciate - your vote of confidence, but it is a very important thing that we do here." Continuing, Mr. Stevenson said, "So, we avoid some problems that - may occur; can we cover how you would prefer to approve the Minutes of this Meeting?" Ms. Harker explained the different ways that the Minutes could be approved. CITY OF WINTER SPRINGS, FLORIDA MINUTES DISTRICTING COMMISSION MEETING - JULY 26, 2007 PAGE 5 OF 5 "I MOVE TO ACCEPT - THE CHAIRMAN OF - THIS BOARD SIGN OFF OF THE ACCEPTANCE OF THE MINUTES OF THIS MEETING." MOTION BY VICE CHAIRMAN JONAS. SECONDED BY DISTRICTING COMMISSION MEMBER LANDGRAF. DISCUSSION. VOTE: DISTRICTING COMMISSION MEMBER COLLINS: AYE DISTRICTING COMMISSION MEMBER LANDGRAF: AYE VICE CHAIRMAN JONAS: AYE CHAIRMAN COLOMBO: AYE DISTRICTING COMMISSION MEMBER LIGTHART: AYE MOTION CARRIED. Discussion continued on waiving payment for this Meeting. Ms. Harker stated, "What I will do is if you feel that you would like it to be waived, just don't fill out the W-9. And what I will do is tomorrow I will go and ask the appropriate people, who might be able to answer that, what the standard procedure on that is and then I will give you a call back and let you know." Discussion continued. ADJOURNMENT Chairman Colombo adjourned the Meeting at 6:48 p.m. RESPECTFULLY SUBMITTED: "" I DA IELLE HARKER ASSISTANT TO THE CITY CLERK OVED U~': 7R~E Q~~L4:~vIB~,', CHAIRMAN TRICTING COMMISSION NOTE: These Minutes were approved on Monday, August 6, 2007. ATTACHMENT B C- v ATTACHMENT D ORDINANCE NO. 2007-23 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 ofthe City of Winter Springs, Florida, hereby finds that the voting district map recommended by the Districting Commission on July 26, 2007 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. 2007-23 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 of prior 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 , 2007. 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. 2007-23 Page 2 of 2 Date: August 13, 2007 The attached District Map was referenced during the discussion of Public Hearings Agenda Item "502" at the August 13, 2007 City Commission Regular Meeting.