S.D. Watch - S.D. Watch

August 15, 2005

Via US Mail, email, and fax

Mr. Mike Cooper

Director of Planning and Building Services

City of Sioux Falls

224 W. 9th St .

Sioux Falls , SD 57104

Re: Whittier neighborhood questions

Dear Mr. Cooper:

I have been retained by residents and landowners of the Whittier neighborhood concerning the Salvation Army's permit to house people overnight in their gymnasium at 900 N. Cliff Avenue as well as The Banquet's proposed move to the Parson Equipment Building located at 8th Street and Indiana Avenue .

Frankly, my clients have found your office uncooperative in answering their questions. Unfortunately, they feel it is a necessary for them to hire a lawyer like me to get answers to their reasonable questions.

My client would like answers to the following questions and supporting documents by 5 p.m. , Monday, August 22, 2005 :

Regarding the Salvation Army

What is the Salvation Army (SA) location zoned as? Please provide the minutes of the meeting making such designation. Please cite to the appropriate city ordinance provision.
What use is the Salvation Army considered? Please provide the minutes or other documents showing how such designation was made. (I.e., public service facility, etc.) Please cite to the appropriate city ordinance provision.
Did anyone from the Salvation Army ever meet with you or any one from the City Planning Office or any other City office concerning the housing of homeless people overnight in the SA gymnasium?
When were such meetings held? Who was present?
What advice did your office give the SA regarding the permitting process?
Why type of permit, if any, did the SA file regarding the housing of homeless people overnight in their gym? Provide any such application.
Describe the approval process, if any, regarding the allowance of letting homeless people sleep in the SA gym. Provide any such notes, minutes, or approvals.

Regarding The Banquet

What is the current Parson Equipment Building zoned as? Please provide minutes of the meeting or other documents making such designation. Please cite to the appropriate city ordinance provision.
What use is the current Parson Equipment Building considered? (I.e., retail, etc.) Please provide the minutes of the meeting or other documents showing how such designation was made. Please cite to the appropriate city ordinance provision.
What use is the current The Banquet (TB) facility considered? (I.e., restaurant, etc.) Please provide the minutes of the meeting or other documents showing how such designation was made. Please cite to the appropriate city ordinance provision.
Did anyone from TB ever meet with you or any one else from the City Planning Office or any other City office concerning moving TB from its present location to the 8th and Indiana location?
When were such meetings held? Who was present?
What advice did your office give the TB concerning finding a new location?
Do you have any knowledge that your predecessor, Steve Metli, ever contacted real estate brokers in the past and requested them to look for a new location for TB? If so, please explain.
Do you have any knowledge that your predecessor, Steve Metli, ever spoke with other community leaders about putting pressure on TB to move out of its current location? If so, please explain.
Do you have any knowledge that your predecessor, Steve Metli, ever met with Mayor Dave Munson, other community leaders, and or real estate developers as to what to do about moving TB out of downtown to assist with the Phillips to the Falls project? If so, please explain.
How many parking spaces does TB need to have at it proposed new location at 8th and Indiana ? How did your office come to that conclusion?

Please send your answers and supporting documents to me at the address listed above. I look forward to you and your office's cooperation. Please call me if you have any questions.

Best regards,

TODD D. EPP LAW OFFICE, PROF. LLC

/s/ Todd D. Epp

CC: KSFY-TV, KELOLAND-TV, KDLT-TV, KSOO-AM, KELO-AM, S.D. Public Radio, Minnesota Public Radio, A.P., S.D. Watch, Argus Leader, Access Sioux Falls