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and satisfy their concerns. Tri -State advised staff they intended to obtain a stormwater permit for the site, would likely cover the facility to prevent stormwater contacting materials, and install an oil /sediment interceptor onsite. On February 2, 2015 I asked if issues concerning noise and stormwater had been addressed as agreed in July, and was told by Mr. Glick that some had not. I subsequently learned that they had intentionally not met with neighbors -- contrary to our agreement. I also learned that they had changed the look and layout of the proposed facility, and added cars, batteries, and tractors to the types of items to be accepted, and that some almost certainly noisy processing would occur on site after all. STATUS OF ISSUE: The zoning error by city staff was based on an incomplete knowledge of the city's zoning ordinance. In many municipalities, when a new use is requested that is not specifically identified on the list of land uses, city staff studies the functions, especially in regards to issues such as traffic, noise, glare, stormwater, dust, etc. and plugs a use into a logical category. Mr. Efrussy, with over 40 years of experience, has done this many times in other jurisdictions. However, Paris's zoning ordinance, adopted in 1972, states that city staff has no such authority. Instead, the matter should have been presented to the planning & zoning commission for its review and recommendation, and then to the city council for assignment on the list of land uses by resolution (which was subsequently done). Unfortunately, based on Section 8 -109 of the zoning ordinance and the information initially provided by the developers, the development staff determined the recycling center could be allowed within Commercial and Light Industrial zoning districts, and failed to forward that determination to the P &Z and council. In turn, the developer was issued a building permit in error, which was subsequently revoked. All staff is very aware of the ordinance's restrictions, and no letters regarding development rights (even if labeled "non- binding ") shall be provided to any applicant or developer unless prepared and approved by the city attorney. BUDGET: NA RECOMMENDATION: Do not appoint a commission; we know what mistake was made, we know how it was made, we know who made it, and we have corrected it.