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Home My WebLink AboutORD 3738 Chapter 2 Article 15 Amendment - PZ AOI RepresentationBILL NO.04 ORDINANCE NO.3738 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 21 ARTICLE 15, SECTION 2-15-01 OF THE CALDWELL CITY CODE, PERTAINING TO AREA OF IMPACT REPRESENTATIVES ON THE PLANNING AND ZONING COMMISSION AND OTHER PROVISIONS CLARIFYING THE LAW; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 2, Article 15, Section 2-15-01, of the Caldwell City Code, pertaining to the Planning and Zoning Commission, be amended as follows: 02-15-01: COMMISSION INFORMATION: (1) Commission Created: There is hereby created a commission to be known and designated as the planning and zoning commission. Said planning and zoning commission is hereby created pursuant to section 67-6504, Idaho Code., which may act with the full authority of the governing board, excluding the authority to adopt ordinances or to finally approve land subdivisions. (2) Membership: The planning and zoning commission shall consist of not less than three (3) nor more than seven (7) voting members, all appointed by the mayor and confirmed by majority vote of the city council. If the area of impact has been .proper4 established; persons living within the delimited area of impact shall be entitled to representation on the planning and zoning commission of the ci1y of impact. Such representation shall reflect the proportion of population living within the area of impact relative to the population living within the city. A. An appointed member of the commission representing the ci must have resided in the city for at least two (2) years prior to appointment and must remain a resident of the city during service on the commission. B. An appointed member of the commission representing the impact area must have resided in the impact area for at least two (2) years prior to appointment and must remain a resident of the impact area during service on the commission. C. For purposes of determining whether a person meets the two (2) year residency requirements for service as a member of the planning and zoning commission, the boundaries for the city and impact area in existence at the date of appointment shall be considered as having existed, unchanged, for the two (2) years preceding the date of appointment. D. The term of office for members shall not be less than three (3) years, nor more than six (6) years, however terms shall be staggered. No person shall serve more than two (2) full consecutive terms without specific concurrence by two-thirds (2.13) of the council adopted by motion and recorded in the minutes. Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as the original appointment. E. Members may be removed for cause by a majority vote of the city council. Removal for cause is a legal term referring to the removal of an individual from a position due to specific.. justifiable reasons. It signifies that the removal is not arbitrary but is based on a demonstrable breach of duty, misconduct issues that undermine the integrity or functionality of the position, or a failure to perform essential functions. F. Members shall be selected without respect to political affiliation and may receive mileage and per diem compensation as provided by the city council. (3) Organization: The commission shall elect a chairperson and create and fill any other office it may deem necessary. The commission may establish subcommittees, advisory committees or neighborhood groups to advise and assist in carrying out responsibility under this article and provision of the Idaho Code. The commission may appoint nonvoting, ex officio advisors as may be deemed necessary. (4) Rules, Records And Meetings: A. Written organization papers or bylaws consistent with this article, Idaho Code, and other laws of the state for the transaction of business of the commission shall be adopted. B. All members will be subject to a code of conduct. C. A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All meetings and records shall be open to the public. D. At least one (1) regular meeting shall be held each month for not less than nine (9) months in a year. E. A majority of currently appointed voting members of the commission shall constitute a quorum. (5) Expenditures And Staff: With approval of the city council through the legally required budgetary process, the commission may receive and expend funds, goods, and services from the federal government or agencies and instrumentalities of state or local government or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures by the commission shall be within the amounts appropriated by the city council. Within such limits, any commission is authorized to hire or contract with employees and technical advisors, including, but not limited to, planners, engineers, architects and legal assistants. Section 2. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 3. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 17`h day of February 2026. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 171n day of February 2026. Mayor Eric Phillips ATTEST: ,`` Ov G��I•• 1 .S •••.••e•a '�f� AN 15 a — '• �' ••. 189 Q` . �rir�rtr»►`' ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3738 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 2, ARTICLE 15, SECTION 2-15-01 OF THE CALDWELL CITY CODE, PERTAINING TO AREA OF IMPACT REPRESENTATIVES ON THE PLANNING AND ZONING COMMISSION AND OTHER PROVISIONS CLARIFYING THE LAW; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Section 1. Amend Chapter 2, Article 15, Section 2-15-01, of the Caldwell City Code, pertaining to the membership of the Planning and Zoning Commission, and the rules, records and meetings. Section 2 through 4. Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability, repeals conflicting ordinances, resolutions and orders. Ordinance No. 3738 was passed by the Council and approved by the Mayor on the 17`h day of February 2026. The full text of the Ordinance is available at Caldwell City Hall, 205 S 6th Avenue, Caldwell, Idaho 83605. The Mayor and City Council approved this summary on the 17" day of February 2026, for publication on the 25`h of February 2026. STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and Believe that it provides a true and complete Summary of Ordinance No. 3738 and provides adequate notice to the public as to the contents of such ordinance. DATED this h d of February 2026. Oscar Klaas, Attorney for the City of Caldwell Regular Memorandum Item: 1. To: City Council Meeting Date: February 17, 2026 Item Name: ACTION ITEM: Consider Bill No. 04 (Ordinance No. 3738) amending Chapter 2, Article 15, Section 02-15-01 of Caldwell City Code pertaining to the Planning & Zoning Commission, with a request to move for its passage by title only and approve the summary for publication. Summary Statement: Amended to Chapter 2, Article 15 of Caldwell City Code pertaining to P&Z Commission. This will have no fiscal impact. Recommended Action: Recommend approval as presented Budget: Not Budgeted Cost Impact: Funding Source: Timeline: Attachments: 1. City Council Packet _PZ Commission Ordinance