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City Council Listening Session - October 14, 2024

Bloomington City CouncilTuesday, October 15, 2024
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[0:40] You know why my name is in these reports. Yes, they're five years old, but they never should have been there unless you have a reason for them to be in here. He does give a, he goes, I'll start from beginning Since I was not the chief of police during the a four mention period and I don't have direct knowledge of why your name is in the. [0:59] Report. I've talked to somebody. [1:09] Now if there were concerns, there would be reports, and that would be physical information that the city can get and report to me. This is why officers were coming into the neighborhood and putting your name on reports and they started at this time and they ended at this time. [1:29] It's something that the city should know. Names shouldn't just be put on reports. I mean, it's my my understanding is an officer wouldn't just put my name on a report. Somebody would have asked him. Somebody would have, there would have been some kind of physical document unless really neighbors are calling. [1:48] Individual officers up and saying, hey, were you coming to the neighborhood, but seven of them, so they were calling seven different times. And again, I know about seven. I don't know how, I don't know when this started, I don't know when this ended, and it's important to me. [2:04] So, I would like the city to look into this further, find out why. So you you read a portion of the, the chief's response. Why don't we why don't we get into the record, make sure everybody hears the full response that the chief had. Just hold on Sally Jamie if you can go ahead and. [2:24] Let's read the whole thing for us, please. Okay. Council members, the email from chief Hodges says Miss S since I was not the chief of police during the affordmention period, and I don't have direct knowledge of why your name is in the report, I have talked to some of the officers who were here in that time period. [2:39] Other than recalling that there have been concerns expressed by members of Daryl Frug, nobody has recollection of what may have specifically led to the directed patrol comments by officers. These reports are nearly five years old at this point I consider this matter closed. To follow up on some of the comments from miss Ness, I I would say it's. [2:59] Not necessarily that there are any documents or reports that would be related to this because as, as you're all aware, the former police chief Jeff Pots attended all of the council meetings, issues related to Daryl Throoke and concerns that miss Ness has expressed in the past are have been present at many council. [3:19] Meetings, in the listening sessions or the public comment and it wouldn't surprise me at all if chief pots went back to staff and shared that information which then gets shared with the police officers during their roll call of, of things that are going on. So I think that's clarified. I think that's the sickly thing of what happened. [3:39] And, just to keep keep you missed a few other meetings so you'll know that. [3:44] During this time in December, I filed my lawsuit the beginning of December. Yeah, I wasn't in the area. There was NO contact, I wasn't calling like a total dead period. So there would have been NO reason. [4:01] I mean, like, you know, why did they all sudden start in December unless my name has been on reports through this whole time and I didn't know about it. And then again, when did they stop? When did they stop putting my name around reports? And to be clarified this last time Sally, a call, call record is not a report. [4:19] Two different things. Call record is not a report. All the reports, so I'm continuing to say report that's it's written right on the document and again and we also last time, Shallly, you asked the question, the chief has answered the question. Basically, the answer is. [4:35] He doesn't know. They don't know. And it makes sense is the answer. And it doesn't a five year old issue and I'm not going to have our police officers spend time and energy and resources trying to figure out why your name was on a call record. And it doesn't make sense. And again. [4:51] When did it stop? I have seven, I found seven. I have don't have all the police data. I have seven. When did it start and when did it stop? Why did it start? If it did stop, I don't know if it stopped. Don't recall why it started Sally and and he offered a very logical explanation. [5:11] It could be our officer's patrol over there often, they could have been talking with residents. Who knows sally? Don't put names on a report for NO reason. You know, and I hear it saying that Darrell Farrooke had said something and it specifically says in there. [5:27] I'll read it again. Expressed concerns expressed by members of Daryl Fruk. This is December. Again, I'm not in the area, I quit being in the area about September of that year because the police coming up to me why I'm on someone's private property. [5:45] I'm totally afraid of police at this point. I don't know what's gonna happen. I'm out of the area and it's like September of some time. This is three months later so why again but my name could have been on reports for this whole in time, so it might not have started then. I don't know when it started. And again, I don't know when it ended I. [6:05] I don't know if it was five years ago. I don't know if it's ended today. I do not know and I should know. I should know what the city is looking at me for. Why were they looking at me? [6:16] It doesn't make sense, you know, if it was just one specifically about why your name was on these call records, these seven call records, the question was why? The answer from the chief of police was he's talked to folks and they don't remember why. It was five years ago. He's fine, they don't remember why, but there should be documents to back it up. There should be data. Police. [6:36] Officer Justin and mr. Vergue offered a very reasonable explanation as to how the It's not reasonable when I'm not in the area since September of that year. That's not reasonable so all of sudden in December. [6:48] That they're driving in the neighborhood and it's not Mr. Ruggy patched any of my concerns. Thank you mr. Mayoron council members. So you said that you had stopped being in the area in September. I think it was like November December January that it was let me middle of December. Finished, please? [7:06] Your name was in there November December January, and the director. Not that I know of in November? Ones that you provided? No, I don't remember the exact date. December and January? That's like three months later, right? And what I will tell you Sally is that our officers are aware of issues in neighborhoods and they don't just automatically end at a. [7:26] A set time, right? And so when they're doing directed patrols, you may reference back to something they've been aware of for some time. So I don't know at what point they were, they, they were suggested to patrol the area because of concerns at what time they stopped. You you're aware of the Justifoya system. You can. [7:46] Certainly make data requests and we would have to comply with those data requests, but at this point in time I'm not going to, as Mayor said, have staff resources dedicated to going back and trying to find every report that has your name in it because from our perspective, there isn't anything to be served by this. [8:03] Right, so I understand your concern. You've stated your concern here many many times, as the chief says, he considers it closed, I consider it closed, and it's gonna be up to the council to direct me whether they consider it closed or not. And again, the times that they are driving here. [8:18] Doesn't relate to any of the concerns. It wasn't on a Friday. It was odd times in the afternoon. It, it, it made NO sense and it was, you know, during December and January when it's cold, so I'm not going to the park with the kids at that point. It made NO sense. None of it makes sense. It should make sense. [8:38] I'm talking about resources, not wasting resources. An officer driving it in the neighborhood, putting my name on a report because they requested it. [8:47] Again, concerns that they had, what concerns did they have? I should have a right to know. Sally, we're over time now. We're over time now. Sally, the bottom line here is the police chief, the city manager, and unless I get a pushback from any members of the council, like this, this matter is closed. [9:04] This matter is closed. Yeah, and mr. Mayor if I may, we don't as citizens have the right every single time to understand every single police action that ever happens. I have police officers rolled through my, my neighborhood all the time. I don't stop them and demand to know why they're there. Like that's just not how it works. And. [9:24] So you aim as on a report, it's not under return, it's on a call record and it's on a call record number times. [9:31] If there's a directed, you know what, you should go out with the police one day. You should go right along and you should sit in the roll call because then you would understand what they're given when they go through roll call when what they're given as directed. [9:47] Patrols and why they're given those directed patrols. They're given for a myriad of reasons. They're given for reasons like, hey, there's been conversations in the, in the area. Hey, we're, this thing is under construction and there's a lot of equipment there. Run through those patrols cause there could be more. Data requests for all of that? I haven't gotten any. [10:07] Roll call that says my name on it, nothing. Perfect. Well then then you have to why do. [10:13] Why are there seven? Sally Sally this matters closed. So it doesn't make sense. This matters closed Sally. Thank you. Looks like Aaron is the timing might be perfect, Aaron? Yes, your timing is perfect, Aaron. Thank you. Thank you. [10:32] Is Aaron and Zomia? Zumia, thank you. You two are up next if you would like to come forward with your you're right on time because we've got perfect timing for you. We got a couple of our texts also with us, if you can give them a minute or so. [10:51] Okay. Oh, good evening. The way this works, this is an opportunity to bring your concerns, have a conversation with the council. Tell us what you're concerned about, don't be surprised if we ask questions for clarification or or have a conversation with you about this. And we're, we're trying to fit a bunch of different people in this evening. Okay. And so you've got maybe 678 minutes or so, and then we'll have to get on. [11:11] To someone else, ok? Very good. Thank you. Thank you. Thank you for the chance to come in here and see you guys. We're having a serious issue with, environmental inspector. [11:29] Named Mike Tieson, and he seems to, he seems to have targeted our business ever since I took over this property. [11:45] And it, it hasn't it's relentless. He hasn't let off. We're doing nothing wrong. We're, we have done a really nice job with the property. I am sure you guys have probably driven past it. [12:02] If there is any issues, Mike Jason needs to come directly into the office and talk to me. He does not need to be like a bully, like a bulldog running around to all these. [12:21] Bays that are, that I have texts working in that have customers around and it makes my text also very nervous when he comes around. He needs to. [12:36] Politely address whatever concerns he's got, come into the office, talk to me. I am boots on the ground for whatever is going on on this property. We, we. [12:52] I I I just think my concern is the reason why my business gas business, the convenience store business. [13:08] Has not gotten off the ground because he seems to every time we comply with what he sends me in an email, he seems to come up with something new, you know, constantly pushing the gold posts away from completion. [13:29] From from making it happen. And this is a big concern. I have been in this location for almost two years now, and we have, we're doing a great job at the repair facility, but we would like to get the gas business off the ground. We would like to get the convenience store off the ground. We have a lot of neighborhood people that love. [13:49] What we have done to this place. We put up the fence, he wanted the fence, we put up a fence, he wanted landscaping, we did that, he wanted the lighting to work properly, we did that, and we're at the. [14:01] At the last couple items that weights and measures of state of Minnesota weights and measures has to complete for us. And we're, we're trying to do that portion of. [14:18] The completion for what they want me to do with the gasoline and the tanks and the dispensers and the calibration, all that we're working with wits and measures department. Now, when that's done, I hope we're at the end. [14:33] Off the tunnel to I appreciate that and I I appreciate I know the work that Mike is doing and he does it with businesses across the city and I think correct me if I'm wrong, but from what I understand, you had a conditional use permit that was issued. [14:49] A couple of years ago. Yes. And then it's been modified a couple of times since. Yes. And the deadline was 1 October to have gas and convenience store open. Is that correct? To meet the conditions of the conditional use permit. Is that correct? I I do not know because I just talked to Mike last week. [15:09] And he says, I I told him that I cannot help it that the weights and measures is taking a little longer to get me the certificate to open. It's beyond my control and Mike says, ok, well, keep plugging away. [15:26] That's, but you maybe right, sir, with Misterogy can you offer some clarifications mr. Mayoron council members and mr. Aaron appreciate this just for the benefit of the just for the benefit for the other council members. Sure. The some of the information regarding you being here was shared with the mayor, but the other council members don't have any other background. [15:46] So this is this is a property that has a conditional use permit and I have a communication from May from our environmental health staff to you and to your attorney at Lorkin Hoffman that lays out the. [16:01] The issues that needed to be remedied or resolved in order for the CUP to be planted, and the main letter said that the lighting and security, complete all lighting work according to approved lighting plans by 1 October. [16:17] In bold it says lighting work must be completed prior to restoring gasoline sales and C store service. Gas and C store service restoring those sales by 1 October gasoline sales and C store service may not commence until the lighting work is completed. There's also an issue with the storage container back in May. [16:37] So it said remove the storage container from the premises by 1 October of 2024 as well. So I'm I'm not aware if all of the issues have been resolved. And so it certainly would be interested in a conversation either with my staff or our environmental health manager about. [16:56] The behavior of the specific inspector and things he maybe doing that, that you perceive as being intimidating or threatening. I don't want to put words in your mouth, but this is pretty standard when we have issues that we're working through to have deadlines and then to have our inspectors, make sure that they're going back out to the properties. [17:16] Conditions have been resolved by the deadline. We focused real hard here on trying to get people into compliance and if, if he's out there frequently, my guess is it's because he's, he's trying to do what we do with business across the city is get them into compliance. Absolutely. [17:36] Oh I just rec Again, Mike does not find something wrong, he will find something else wrong. We have nothing to do. I don't know, sir, if you have my recent. [17:53] Email that I forwarded to you and the mayor regarding the street parking people parking on the street for days. We have nothing to do with street parking. Enforcement of the street parking is not on us. [18:10] Not even on Mike Tyson. It is really on the police department to to address the street parking, but Mike's came into our, our property, addressed every one of these guys at the at the at the service base. [18:28] I mean, we're not responsible for the street issues. Again, he pointed the finger at us. These are the kind of things that make my guys nervous, that make me very upset because we're trying to comply. All he's gotta do is call, he's got my number. He's, all he's got to do is say Eric. [18:48] I'd like to meet up with you to address this issue. And I will make myself available. He doesn't need to go to these guys because they don't have the answers for him. I I'll let Zomey is, he's also an ambigrant just like I am. Zomeye is. [19:12] In charge of a couple of the technicians there. Hopefully, maybe he can shed some light as to how he feels. I, I would appreciate that. I, we have one more group that we'd like to get in, so we'll give you just a couple minutes here and maybe we can continue this conversation as we go, because this is I think a lengthier conversation than what we might have time for this evening, ok? [19:32] A couple more minutes. I wanted you to just fill this in a good evening. So yeah, we just started the shop about six months ago after my career serving and then my brother's in African community. They're new to America, so I've been helping the African communities to stand in their feet and instead of just working for $12 or 15, whatever the wage is to start with their skill that they bring in from outside. [19:55] So that's what my role is in my community. But, when I'm bringing the workers to work and they get bothered I I'm not in the shop myself. But these people, some of them don't speak English, my people. [20:11] Don't don't peak english. And so I just don't want the too much pressure on them when they come enter the country new. We all majority of us probably know what happened in Afghanistan three years ago. And so a lot, a lot of my guys, they were soldier, they were serving and a lot of different things, so they're traumatized already. [20:30] So for that kind of respect to give outside, you know mr. Eric, as the ownership of the business, we are subcontractors. So we just don't want to have this problem coming every day. If there's anything, why not solve that problem so we could all live peacefully in how our businesses grow in different ways? So I I. [20:50] I agree and and I'm gonna I'm gonna, we're gonna move on, but I just want to leave you with this. Mr. Berugie is correct. Our our staff. [20:57] The general culture that we've tried to instill here is to try and get to yes and trying to help businesses succeed. Ultimately we want to have businesses to succeed, to work closely with the neighbors, to work closely with the community, to be part of the community in ways that, that meet the requirements of the city to meet city code that meet just the expectations of what we. [21:17] Trying to do. And, we also ask our inspectors to to do it in such a way that we can continue to move forward. And so what I will, I will ask of you folks is perhaps we can continue this conversation next time if you'd, if you'd be willing to come back or maybe I'd be, you know, we'd be happy to sit down. [21:34] And and discuss this further. Mr. Verbrookie has talked about our environmental health staff and, and the work that they do and to try and figure out the best way forward on some of these issues. But I would also encourage you, I know that there are some very specific things that are kind of laid out. [21:51] Check those boxes just as soon as possible and get that work done and keep moving it forward because yes, as it was a mess two years ago. Can't, I won't argue with that at all and it looks much now and and I can look, I I can imagine it looking much better when there's a working gas station and a convenience there's convenience store there as well. So and I apologize mr. mayor. [22:11] The council members, the address is 1700 east old Shock B road. So it's just to the west of the strict mall, that's a old cedard and old shock. Yeah. [22:21] No. Gentlemen, thank you for being here with us this evening. And we'll we'll touch base with our staff environmental health and we'll make sure that when more of the environmental health manager follows up with you. There's nothing more that we would like to do, but to comply with the issues. Thank you. Thanks. Great. Thank you so much. Thank you. [22:39] Have a good night. Thanks, you too. Dory Brandon and Brian. Yeah Brandon won't be here. Okay. And if you could identify yourself for the record, please. Yeah, Dory is showing again? I'm Brian Lower. [22:54] Brian, thanks for being here tonight. Please go ahead. Okay, so, we live in Cobble Hill apartments, 200 west 97 street. And what we're here to talk about, and I'll give you more detail in a minute, is to complain about Tommy's car wash, opened on 90. [23:14] Street, right across from our apartment building. There are two other apartment buildings. [23:21] And the strip, it's a long block between Bladesdale and pleasant. So there's a lot of buildings being affected. They're apart, they're residential. I my personal feeling is I think the city made a mistake putting allowing that kind of business. [23:39] There because there are other businesses, ACE hardware, Pierce ski, et cetera, it causes NO problem. Of course, my, my wish would be that they would leave, but I have some suggestions later that I'll talk about. So here's the the upshot of the complaint is for our people and Brian is gonna talk about. [23:59] Got it a little more detail because his apartment is right. Pretty much across from the car wash. So when the people, and there's 36 apartments in our building too, and so when the cars come into the car wash, I'll just paint a picture for you, their lights, the, the, their headlights. [24:21] Come into our building. This is after dark, of course, because the way the gate is set up, it's not facing 98 street, it's facing 97. So they come into the gate and then they turn, and so then their their lights come into our building, into the bedrooms and the living rooms of our apartments apartments. Then when. [24:41] When they make the turn, they go into the car wash. The problems with the car wash is the noise pollution because they're constantly doing pull your car forward, do this, do that. And that's before they enter. So if they closed the the door, this is one quick solution and then started the, the, this directions. [25:04] Could be one thing. The other thing is when you, and I've gone into this car wash cause they've given us free car washes, I've been in different car washes. [25:12] The lights are just incredible. There's the flashing lights, continual flashing lights, which I've never seen in a car wash before. I mean, some directional lights, but these are just, it's it's terrible. And again, it goes into our apartments, into our windows, and we have floor to ceiling windows in the living room. So we. [25:32] We have a problem. So. Let me see if I got all of the things, the car lights, the, the lights, the flashing lights, the noise of the instructions, there's also a traffic problem because that street that goes between Blazystale and pleasant was already having some traffic because. [25:54] To the business. Now there's more traffic. Coming and there's NO stop sign at, at the end of 97th street. So, but I'm I was saying before that there was NO problem with the other businesses. We weren't having problems with them. So, the the traffic problem, we already lost one of our pets. [26:16] And we weren't having problems. There's kids in the building in our building, and they walk on the street. There's the buses, the school buses also come down and so there's a lot of kids and parents walking. So again, the increased traffic is causing, is caused by the car wash, ok? Because the other businesses are not producing this kind of. [26:36] Thing. So I will tell you that people are starting to move out. Premiere management is the property manager. They've already talked to the city. I guess the city just blew them off and said. [26:49] Our business gets its way is from what I understand. The other thing is I did call the environmental health department. I talked to Mike, I I don't know his last name, maybe he's the same person this other person's talking about. He said he would go out and. [27:05] Talk to Tommy's and see the situation. So, basically, unless you have some questions, that's from me. Brian is gonna tell you how how he lives with it every day. And then I have to quickly and very quickly because I know mr. Berudi has something to add here as well. I think he's got some information. We do need to get downstairs for our council meeting without. [27:25] Very quickly if you could. I'll be brief, so I've lived there for three years, 1st couple of years. There was NO, it was a very calm neighborhood Bloomington neighborhood. I noticed the effect weekend mornings when I'm making my coffee. [27:44] The music and the instructions start and it's repetitive all day. If you can imagine if we were listening to commercial right now, coming on every 5 min, it would be disruptive and it it just it's not. [27:59] It's less than ideal. I think there is a way to either reduce the, the volume that's used. I mean it doesn't address the lights, but at least the volume of the, of the instructions of the music. [28:15] That would be appreciated if we could do that. Okay. We really something to add here. Thank you Mr. members. Is it Sean again? Is it your last name? Sean again, thank you. The, the last information that I have related to Tommy's is from May of this year when we had another resident con. [28:35] Certain at that time council members are environmental health staff. Conducted a 1 h noise survey for the noise complaint, and that was for the car wash, the vacuums and music and all were within the city noise code with the note that they they did require our staff did require that they turned down the air dryer blower motors to 50 % of operation. [28:59] And then the. Car Wash owner was required to submit an engineering an engineered noise study with the car washing full operation vacuums. Now I'm not aware of what, whether they've complied with that or or what the outcome of that was and the information about the lights into the apartments is new information for me. So it sounds like you've talked with our environment. [29:21] Mental health staff. We'll follow up with them again tomorrow and see if there is any enforcement or if there's any concern about the operation being outside of of what's required by their operating permit, and then we'll have our staff follow up with them as well. [29:37] And can I just make quick, I know you have to go. Okay, so I mean, Brian's suggestion was good. They can put signs up. No, there's a, there's a car wash a holiday. They do not have the the the instructions. They just have signs saying pull your car forward. Why can't they do that? They could do that. [29:57] There's one thing. They could put up more signs so that would stop the noise volume. The other thing is, I think they should build a wall. [30:04] If they build a wall, there's plenty of space to do so because there's a, a greenway. They could build a wall. If they build the wall, it would basically block the light and the noise from coming into our apartments. So I think the city should seriously consider that and they can afford it. That's what I would say. [30:24] In come related to an earlier comment. It's unlike the other businesses there. You're exactly right, but it is a permitted use according to the zoning within that area. If we hadn't, if we hadn't rejected them, your city would have been in The would have been in court and would have lost because we did not have a legitimate reason to reject them. Yeah, and I would just say, I used to work for a city government. [30:47] Something can be in code that doesn't mean it's good for the residents. Are you with you there? Probably heard that over and over again. Thanks. Thanks for being here tonight. So Mark and our friends from Restore the nine, I. [31:04] We I don't know if we're gonna get to you tonight. We've got to get downstairs. We're already late. Join us again next week. I mean we we see you every week, so I'm sure you'll come back again and and we'll have the opportunity to continue the discussion. All right? So great and mr. Mayor, if you could be give the heads up to call ahead please Maersk sir, so that we get you on the list. Yeah, that was a sort of the last minute thing. [31:24] Got it's on me. I I I get I actually am on the list for the next one. Perfect. Perfect. Yeah, alright council. I look for a motion to adjourn this evening. Motion in a 2nd, all in favor? We are adjourned. We'll see you downstairs. Thanks so much for everybody coming in tonight. I thought we had.