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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/17/2016 - SECOND READING OF ORDINANCE NO. 055, 2016, AMENDINAgenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Rita Knoll, Chief Deputy City Clerk Wanda Winkelmann, City Clerk Marcus Bodig, GIS Manager Carrie Daggett, City Attorney SUBJECT Second Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on May 3, 2016, by a vote of 6-1 (Nays: Overbeck) amends the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION Prior Consideration Four possible map options were presented to Council on First Reading at the May 3 Council meeting. Council selected Option 1, and it is included as Exhibit A to Ordinance No. 055, 2016. Precinct Boundary Changes by Larimer County State statute requires the County to set precinct boundaries so that no more than 2,000 eligible electors reside in a precinct. Population increases in some areas made it necessary for precincts to be divided to comply with the law. Within Fort Collins, Larimer County divided six precincts, none of which affected district boundaries. In order to access voter registration information, the City needs to adjust precinct boundaries to match the new County precinct boundaries. Council District Boundaries Because a review of the district-precinct map for precinct boundary changes was underway, staff used the opportunity to review the district population deviation as well. Not less than once every five years after the post-census adjustments, the City Clerk is required to review the maximum deviation and, if necessary, recommend boundary changes necessary to ensure that the districts conform to the standard. Agenda Item 21 Item # 21 Page 2 Based on the current data, the deviation between the most populous district and the least populous district exceeds 19%, nearly twice the threshold set out in City Code Section 7-87(b): (b) Not more than eighteen (18) months after the official decennial publication of the United States Census concerning the population of the City of Fort Collins, the City Clerk shall recommend to the City Council any district boundary changes necessary to ensure that, to the extent reasonably possible, there is no more than a ten-percent deviation between the most populous and the least populous district. Article II, Section 1(c) of the City Charter provides that “the city shall be divided into six (6) contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal number of inhabitants.” Thus, contiguity, reasonable compactness, and equality of total population are the key factors identified in the Charter for restricting decisions. In addition, it is appropriate and consistent with constitutional principles to seek to minimize the number of precincts that shift to a different district and avoid shifts that result in a missed election cycle, to the extent reasonably possible. These are the considerations that have been the main drivers of staff’s work to identify and prioritize options for redistricting. Methodology Used to Create Map Options A full explanation of the methodology can be found in Attachment 2, “Population Based Redistricting Methodology.” Highlights of the methodology include: 1. Population data is obtained from the State demographer 2010 Census, City’s permitting system, and CSU; 2. Based on this information, the total 2015 population of Fort Collins was 154,573; 3. The ideal population of each district is 25,762 residents (154,573 divided by 6); 4. As the table below illustrates, Districts 1 and 3 are over the ideal population by approximately 2,200 residents; 5. Districts 2, 4, 5, and 6 need to “gain” anywhere from 195 to 2,700 residents. District Population % of Ideal % Change from Ideal Over/Under Ideal Pop'n 1 27976 108.59 8.59 -2,213.83 2 25567 99.24 -0.76 195.17 3 28010 108.73 8.73 -2,247.83 4 23057 89.50 -10.50 2,705.17 5 24933 96.78 -3.22 829.17 6 25030 97.16 -2.84 732.17 Total Population 154573 Ideal = Total population divided by number of districts = 25,762 Max deviation = sum of Absolute Value of both the highest (8.73) & lowest (10.50) population districts = 19.23 Agenda Item 21 Item # 21 Page 3 Criteria for Developing Map Options  Equal population in each district (as reasonably possible); represented by lowest deviation  Contiguity of district  Compactness of district  Fewest number of precincts moved  Avoid breaking major collectors/arterials  Consider future growth of the city  Representation of citizens by the elected Councilmember’s address considered The following summarizes the deviation and number of precincts being moved in the four options presented on May 3: Option Number % Deviation # Precincts Moved 1 5.96 7 2 7.54 8 3 6.05 8 4 6.02 4 ATTACHMENTS 1. First Reading Agenda Item Summary, May 3, 2016 (w/o attachments) (PDF) 2. GIS Redistricting Method (DOC) 3. Powerpoint presentation (PDF) 4. Ordinance No. 055, 2016 (PDF) Agenda Item 14 Item # 14 Page 1 ATTACHMENT 1 AGENDA ITEM SUMMARY May 3, 2016 City Council STAFF Rita Knoll, Chief Deputy City Clerk Wanda Winkelmann, City Clerk SUBJECT Items Relating to Amending the City of Fort Collins District-Precinct Map. EXECUTIVE SUMMARY A. Public Hearing and Motion Regarding a Protest filed by Eric Sutherland. B. First Reading of Ordinance No. 055, 2016, Amending the City of Fort Collins District-Precinct Map. The purpose of this item is to amend the City of Fort Collins District-Precinct Map to (1) align the City precinct boundaries with the County precinct boundaries, which were amended in May 2015; and (2) adjust Council district boundaries to achieve a required population deviation between the most populous district and the least populous district. The district boundaries were last adjusted in August 2012. A protest of the proposed options for amending the District-Precinct map was filed by Eric Sutherland on April 18, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading with a map option selected by the Council. BACKGROUND / DISCUSSION Prior Consideration Council recently considered this item at its January 19, 2016 meeting and adopted the Ordinance on First Reading with map Option 1 selected. Prior to Second Reading, citizen concerns were raised about the completeness of the public notice. Additionally, staff became aware that the data obtained from the State Demographer did not include populations residing on Colorado State University (CSU) property, and staff withdrew the item on Second Reading. Staff has now republished the notice, obtained the CSU data, and is presenting a new Ordinance with four possible map options. Precinct Boundary Changes State statute requires the County to set precinct boundaries so that no more than 2,000 eligible electors reside in a precinct. Population increases in some areas made it necessary for precincts to be divided to comply with the law. Within Fort Collins, six precincts were divided, none of which affected District boundaries. The City needs to adjust precinct boundaries to match the new County precinct boundaries, which is necessary to access voter registration information. Agenda Item 14 Item # 14 Page 2 ATTACHMENT 1 Council District Boundaries Because staff was undertaking a review of the district-precinct map for precinct boundary changes, staff used the opportunity to review the population deviation as well. This review was originally scheduled to take place in 2016 for revision in early 2017. It was determined that based on the current data, the current deviation between the most populous district and the least populous district exceeds 19%, nearly twice the threshold set out in the City Code. Therefore, staff is recommending that an adjustment be made now rather than in 2017. The GIS Division has an established methodology for population-based redistricting (Attachment 1). This methodology was applied and four options were developed for adjusting the district boundaries, as outlined below. In addition to balancing the population between districts, staff also considered the following: (1) Alignment of district boundaries to precinct boundaries; and (2) The residence address of each Councilmember, so that no Councilmember is disenfranchised from his or her district. The options presented from consideration are described below: Option 1 (identical to the January 19 Option 1) • Achieves the smallest deviation: 5.96% (slightly higher than the original Option 1) • Moves 7 precincts into different districts. - As a result, 2 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; the other 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 2 (identical to the January 19 Option 2) • Deviation: 7.54% (considerably higher than the original Option 2) • Moves 8 precincts into different districts. - As a result, 3 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; the other 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 3 (new) • Deviation: 6.05% • Moves 8 precincts into different districts. - As a result, 3 precincts that voted for a district representative in 2015 would choose a representative in their new district in 2017; 5 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. Option 4 (new) • Deviation: 6.02% • Moves 4 precincts into different districts. - As a result, 1 precinct that voted for a district representative in 2015 would choose a representative in its new district in 2017; the other 3 precincts that chose a district representative in 2013 would wait until 2019 to elect a representative in their new district. In each of these options, the ability to vote for Mayor, and ballot issues, is not affected. Agenda Item 14 Item # 14 Page 3 ATTACHMENT 1 Also attached is a map visually depicting growth in the city, as well as a map depicting growth trends (Attachment 2). All four maps are attached to the Ordinance as Exhibit A (Options 1 through 4). Once a map option is selected on First Reading, the selected map will become the only exhibit to the Ordinance for Second Reading. PUBLIC OUTREACH As required by Section 7-87 of the City Code, two notices of this hearing were published, one no less than 14 days and one no less than 10 days prior to Council consideration on first reading. Publication of those notices occurred on April 3 and April 6, 2016. Map options were made available on the City's web page devoted to Council district boundaries. ATTACHMENTS 1. Redistricting Methodology (PDF) 2. City Growth Trends (PDF) 3. Redistricting Notice (PDF) 4. Sutherland Protest, April 18, 2016 (PDF) 5. Powerpoint presentation (PDF) GIS 215 N Mason St PO Box 580 Fort Collins, CO 80522 970.416.2050 970.221.6329 – fax www.fcgov.com/gis Population Based Redistricting Methodology The population increase was determined by getting the latest population data from the State demographer’s office. The latest available is for 2014 when the population was 154,570. To determine the population increase the 2010 Census population is subtracted from the new population. 154,570 – 143,988 = 10,582. GIS extracts data from the City’s permitting system and all certificates of occupancy that were issued since the census thru 2014 are converted into a GIS point feature. This information also includes the number of units associated with the certificate of occupancy. Annexations that occurred during this timeframe are identified and any existing units are added to the GIS point feature. This information is then aggregated citywide to get an overall count of new units added to the city. 3,847 new units + 220 annexed units = 4,067 new units. CSU’s population increase needs to be determined and accounted for as part of the total population increase. These numbers come from CSU and the increase can be determined by subtracting the census year value from the 2014 value. 7,282 – 7,070 = 212 new students. GIS then takes the increased population less CSU’s increase, this is dealt with separately, and determines a per-unit-population. (10,582 – 212) divided by 4,067 new units = 2.5498 people per unit. A population is then determined for each GIS point feature, distributing the population increase geographically. For example, a 4 unit building would have a population of 10.1992 assigned to it. CSU data needs to be handled a little differently as specific population counts for each building exist. GIS points are added to the database with the specific population increase for each building. This accounts for the 212 people that were removed earlier. Location based analysis is performed using point-in-polygon to aggregate the population increase per precinct. This aggregated population count is then added to the existing census population for each precinct. This new population count is then aggregated to determine the new population count of each district. A final check is preformed to make sure the individual precinct populations add up to the population from the state demographer. GIS data is exported into an Excel spreadsheet that GIS developed. This spreadsheet takes all of the data and calculates the ideal population, the deviation of each district from the ideal, the population needed to bring each district to the ideal and the maximum deviation of all districts. Below is the result of that calculation. District Population Percentage of Ideal Percentage Change from Ideal Absolute Value Change Needed 1 28037 108.8308361 8.830836115 -2275 2 25572 99.26247962 -0.737520379 190 3 28050 108.881298 8.881298036 -2288 4 23060 89.51168388 -10.48831612 2702 5 24765 96.12995885 -3.870041146 997 6 25088 97.3837435 -2.616256502 674 Total Population 154572 Lowest -10.48831612 10.48831612 Highest 8.881298036 8.881298036 Ideal = Total divided by number of districts 25762 Maximum deviation = sum of Absolute Value of both the highest and lowest population districts 19.3696142 GIS then uses a map with the new populations of each precinct displayed and the location of all Council members (show as a star) on it to identify precincts that can be moved to help meet the ideal. An example of the map is below. Several options are created moving contiguous precincts between districts to change the population of the district. Making sure not to move council member precincts or creating non-compact districts (horseshoes, long and narrow, etc.). Making a change to this map causes the district calculations to dynamically update, helping identify additional changes that are needed. When enough changes have been made to bring the districts within a 10% deviation, the option is saved. Several options are generated and the ones with the best deviation and the least amount of changes are brought forward as options. This time around there were options with deviations ranging from 5.96 up to 9.53. The four best deviation options were then brought forward. Background Three precincts were moved in the 2012 redistricting (Ordinance No. 073, 2012). Two from odd numbered districts to even, shortening the voting cycle by two years from 4/2015 to 4/2013. One moved from an even numbered district to odd, lengthening the voting cycle by two years from 4/2013 to 4/2015. Option 1.  7 total changes. 5.96% deviation  All three of these precincts move again and will revert back to their previous voting cycle.  Two precincts will have voted in 2011 and 2013. They will vote next in 2019.  One precinct will have voted in 2009 and 2015. They will vote next in 2017.  Three additional precincts will change from voting in 2017 to 2019.  One additional precinct will change from voting in 2019 to 2017. Option 2.  8 total changes. 7.54% deviation  Only one of these precincts moves again and will revert back to their previous voting cycle.  One precinct will have voted in 2011 and 2013. They will vote next in 2019.  Four additional precincts will change from voting in 2017 to 2019.  Three additional precincts will change from voting in 2019 to 2017. Option 3.  8 total changes. 6.05% deviation  None of these precincts move again.  Five additional precincts will change from voting in 2017 to 2019.  Three additional precincts will change from voting in 2019 to 2017. Option 4.  4 total changes. 6.02% deviation  Only one of these precincts moves again and will revert back to their previous voting cycle.  One precinct will have voted in 2011 and 2013. They will vote next in 2019.  Two additional precincts will change from voting in 2017 to 2019.  One additional precinct will change from voting in 2019 to 2017. 1 District-Precinct Map Amendment 05-17-16 Amending the District-Precinct Map Why is this item coming forward? • Precinct boundaries were amended by Larimer County in May 2015 to accommodate the increase in the # of registered voters. We need to amend our precincts to match. • While conducting a review of the precincts, staff determined that the current population deviation of Council districts exceeds 20% (which is inconsistent with Article II, Section 1(c) of our Charter at City Code Section 7-87. 2 Article II, Section 1(c) of the City Charter provides that: “the city shall be divided into six (6) contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal number of inhabitants.” 3 City Charter Other Constitutional and Legal Considerations • City Code Section 7-87 and General Case Law establish a standard of 10% deviation (between largest and smallest districts). • Courts have acknowledged the potential need to cause skipped elections with staggered districts and uphold that change where needed to balance population or meet other appropriate redistricting objectives. 4 Redistricting Process Determine Population Change State Demographers Population (154,570 for 2014) minus 2010 Census Population (143,988) = 10,582 Locate Certificate of Occupancies issued Extract location and number of units from the city’s permit database. Use GIS to geographically locate the units. Determine Total Number of New Units 3,847 (New) + 220 (Annexed) = 4,067 5 Redistricting Process Determine CSU Population Change CSU Housing (7,282 for 2014) – CSU Housing Census Year (7,070) = 212 Determine Per-Unit-Population Population Increase less CSU change divided by Units (10,582 – 212) / 4,067 = 2.5498 Add Data and Calculate in GIS Disperse population increase to Geocoded CO’s and annexed units. Add CSU increase to individual residence halls. 6 Redistricting Process Preform Spatial Analysis to Determine Precinct Population Point-in-Polygon aggregation of new population added to existing 2010 census precinct population. Calculate New District Population and Deviation Add population from all precincts in each district. Calculate maximum deviation from ideal = 19.37 (Developed Excel Spreadsheet to do calculations) Determine Changes Needed Determine ideal population change per district. 7 Redistricting Process Develop Options Use GIS to Identify precincts or combination of precincts that are adjacent and come close to the ideal population change. Test Options As changes are made they dynamically recalculate the district population and maximum deviation. Final Options Several options are considered and ones with the lowest deviation and least number of changes are finalized and provided to Council. 8 Criteria for Developing Options • Equal population • Contiguity of district • Fewest amount of residents/precincts moved • Breaking major collectors/arterials • Consider future growth of the city • Representation of citizens by the elected Councilmember ’s address considered 9 Future Considerations • Determine what additional information Council would like included in the criteria 10 -1- ORDINANCE NO. 055, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS DISTRICT-PRECINCT MAP WHEREAS, Article II, Section 1 of the City Charter requires that the City be divided into six contiguous, reasonably compact City Council districts, each of which shall consist of contiguous, undivided general election precincts, and, to the extent reasonably possible, an equal number of inhabitants; and WHEREAS, pursuant to City Code Section 7-87(b), not less than 180 days after the official decennial publication of the United States Census concerning the population of Fort Collins, the City Clerk must recommend to the City Council any district boundary changes necessary to ensure that, to the extent reasonably possible, there is no more than a ten-percent (10%) deviation between the most populous and the least populous City Council districts; and WHEREAS, City Code Section 7-87(c) requires a review of the district boundaries not less than once every five (5) years after making the decennial post-Census determination, to determine whether the maximum deviation between the most populous and the lest populous district meets the ten-percent deviation standard set forth in Section 7-87(b); and WHEREAS, staff recently completed a review of the composition of the existing districts of the City, and has determined that, as currently configured, the deviation between the most and least populous City Council districts exceeds twenty percent; and WHEREAS, pursuant to the above-referenced provisions of the City Code, the City Clerk has presented four alternative district boundary changes for the City Council's consideration from which the City Council has selected an alternative that it believes best serves the interests of the residents of the City and comports with the requirements of the City Charter and Code; and WHEREAS, Larimer County recently revised its precinct boundaries and it is advisable for the City to match those precinct boundaries for purposes of accessing and using voter registration records; and WHEREAS, the City Clerk caused the publication of notices of proposed district boundary amendments to be made in accordance with the requirements of City Code Section 7- 87; and WHEREAS, the new Council district-precinct map attached as Exhibit “A” depicts adjusted precinct boundaries and adjusted Council district boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the district-precinct map dated March 9, 2016, a copy of which is attached as Exhibit “A” [Option 1, 2, 3 or 4] and incorporated herein by this reference, is hereby adopted and shall be in effect for the following purposes: (1) determining eligibility for City Council offices for the April 4, 2017, regular municipal election; and (2) determining eligibility of any interim appointments to fill any City Council vacancies which may occur following the effective date of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk W HORSETOOTH RD W MULBERRY ST LAPORTE AVE N US HIGHWAY 2 8 7 STRAU S S CABIN RD W LAUREL ST W DRAKE RD E PR O SPECT RD W WILLOX LN S TAFT HILL RD KECHTER RD W VINE DR COUNTRY C L U B RD E VINE D R RICHARDS LAKE RD REMINGTON ST W MOUNTAIN AVE TURNBERR Y RD E WIL L O X L N E TRIL B Y RD W PROSPECT RD E DOUGLAS RD W ELIZABE T H ST N LEMAY AVE E MULBERRY ST W COUNTY ROAD 3 8 E MOUNTAIN VISTA DR E LI N COLN AVE N TIMBERLINE RD E HORSETOOTH RD COUNTY ROAD 54G W HARMONY RD W DOUGLAS RD W VINE DR MAIN ST W TRILBY RD E DRAKE RD ZIEGLER RD CARP E NTER RD E COUNTY R OAD 30 E COUNTY ROAD 52 S SUMM I T VIEW DR S COUNTY ROAD 5 E COUNTY ROAD 30 INT E RSTAT E 25 N COUNTY ROAD 5 N TAFT HI L L R D E COUNTY ROAD 54 E HORSETOOTH RD S COUNTY ROAD 19 GIDDINGS RD S COLLEGE AVE S OVERLAND TRL S OVERLAND TRL S LEMAY AVE S L EMAY AVE ZIEGL E R RD RIVERSIDE A VE N SHIELDS ST N COLLEGE AVE TERRY LAK E RD G R E G ORY RD ZI E GLER RD S COUNTY ROAD 5 N OVERLAN D TRL S M A SON ST INTERSTA T E 25 8 43 47 49 50 51 25 26 52 53 54 21 23 17 19 20 55 57 18 13 58 60 15 59 14 63 48 3 27 22 56 34 31 35 35 32 33 80 42 44 79 38 38 38 38 38 10 62 65 73 41 24 39 37 37 37 45 46 30 28 64 9 61 12 11 67 68 66 69 7 75 76 36 5 2 1 6 6 16 40 70 71 72 4 74 78 78 78 29 77 City District-of Fort Precinct Collins Map Printed: May 10, 2016 0 0.5 1 1.5 2 Miles Scale 1:64,000 © Effective: May 27, 2016 CITY GEOGRAPHIC OF FORT COLLINS INFORMATION SYSTEM MAP PRODUCTS These and were map not products designed and or all intended underlying for general data are use developed by members for use of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in labeling thereon. or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or may not be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Council Districts Mayor - Wade Troxell District 1 - Bob Overbeck District 2 - Ray Martinez District 3 - Gino Campana District 4 - Kristin Stephens District 5 - Ross Cunniff District 6 - Gerry Horak EXHIBIT A