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File #: 200375    Version: 0
Type: Motion Status: Passed
File created: 7/7/2020 In control: COMMON COUNCIL
On agenda: Final action: 9/22/2020
Effective date:    
Title: Motion relating to the Extended Hours, Food Dealer, Filling Station, and Weights & Measures License Applications of Kulwant Dhillon for the premises at 3381 N. 35th St. doing business as "35th Hometown" in the 7th Aldermanic District
Sponsors: THE CHAIR
Indexes: FOOD DEALERS, LICENSES, WEIGHTS AND MEASURES
Attachments: 1. post-Council letters Dhillon, 2. LI Written Objections-Dhillon, 3. LI Recommendations & Findings, 4. post-Committee letters, 5. e-book
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
9/22/20200 COMMON COUNCIL APPROVED

Minutes note: The question was put: Have the members of the Common Council read the report and recommendations of the Licenses Committee and the exceptions filed under this matter? All members of the Common Council indicated reading the report and recommendations of the Licenses Committee and the exceptions filed under this matter. The question was put: Are any of the following or their counsels present and, if so, do they wish to address the Common Council: Kulwant Dhillon? Atty. Emil Ovbiagele, legal counsel for Kulwant Dhillon, indicated being present. Ald. Coggs moved that the Common Council resolve itself into a Committee of the Whole for the purposes of hearing oral arguments on behalf of the complainant or the licenses in opposition to the report and recommendation and then a statement by the City Attorney. There were no objections. Atty. Emil Ovbiagele addressed the Common Council followed by Atty. Tyrone St. Brown Junior, City Attorney's Office. Ald. Coggs moved that the committee now rise. There were no objections. The question was put: Are there any motions relative to this matter? Hearing no motions made, a vote of those Council members present to approve the recommendations of the Licenses Committee as contained in File Number 200375 was called.
Pass15:0 Action details Meeting details Video Video
9/8/20200 LICENSES COMMITTEE RECOMMENDED FOR APPROVAL

Minutes note: Appearing with the applicant: Atty. Emil Obviagele stated the police report has been addressed in previous hearings. He added that there is a letter from the District Attorney's Office stating the applicant's assistance in a prosecution case. He stated that the applicant has tried to undo the damage done and has filed a civil suit against Frederick Allen for defamation and misappropriation of likeness for the sole intent of getting the video removed from the website. He stated that the lawsuit was successful and there is a permanent injunction to get the video removed. He added that this whole circumstance has caused the applicant great shame and embarrassment and he has invested a lot in the community. He stated that every September he kids free book bags and school supplies. He added that he is a friend, helping hand, and shoulder to lean on. He stated that there have been no incident reports in the last year and a half. He added that the applicant is trying to rebuild trust with the community, make amends, and he would like to move forward from this incident. He stated that the applicant has dedicated 30 years to the community, lived in the community, and lost his cousin to this community. He added that the premises serves a vital need for the community. He stated that the applicant has tried to reach out to the residents in opposition but they would not respond to him. Individual also present: Ald. Rainey stated his position has not changed and he is not in support. Individuals present in opposition: Pastor Martin Childs 3456 N 38th St stated the applicant was watching while the sex act was taking place and he should have called the police. He added that someone could have walked in while this sex act was taking place. He stated the applicant is not concerned about the safety or wellbeing of the community. Clinton Day 3352 N 35th St stated there is a lot of traffic at the premises. He added that there are gunshots and noise all hours of the day. He stated that there have been nothing but problems at the premises. Charles Davis 3328 N 36th St stated he feels bad that the video happened in his neighborhood. John Reid 3356 N 36th St stated he is opposed to the 24 hours and the expansion. He added that the quality of life in the neighborhood is bad. He stated that cars speed through the alley in to the gas station. He added that there is trash and loitering at the premises. He stated that people come to the premises after 12 AM for blunts, not gas. Individuals present in support: Cory Kirkwood 3808 N 38th St stated he runs an organization in the neighborhood and he feels safe going to the premises. He added that he uses the premises at all hours of the day because of his job. He stated that the premises is critical to the community and he has seen the applicant help people with free gas and give homeless people food. He added that the applicant is not responsible for the speeding traffic. Joseph Bogan 2537 N 56th St stated that the applicant is a good man and gave him a job. He added that the applicant helps the neighborhood, but gets blamed for trash and shootings. He stated that people with health problems use the gas station at nighttime to get what they need. Latina Campbell 3222 N 34th St stated the applicant is a good guy and helps out the community. She added that she goes there every day and she always sees someone picking up trash. She stated that the applicant isn't responsible for the reckless driving and shooting. Pastor Terry Tapper 3401 N 35th St stated that he has never had any problems with the premises and they pick up there trash. He added that he has seen the applicant give people groceries on credit. He stated that the neighborhood depends on the premises because grocery stores are far away, and this is a great help to the community. Pamela Elcor Singh 3368 N 38th St stated she agrees with the previous speakers and they need the gas station. She added that not everyone has transportation when they need food late at night. She stated that the applicant has a huge heart and he cannot be held responsible for the community. She added that the premises is a cornerstone in the community. Ald. Lewis moved to enter the video in to the record. (Prevailed 5-0) Ald. Kovac moved denial based on the police report, and neighborhood and aldermanic testimony. (Prevailed 5-0)
Pass5:0 Action details Meeting details Video Video
7/7/20200 COMMON COUNCIL REFERRED TO

Minutes note: Ald. Coggs moved that the Council resolved itself into a Committee of the Whole. There were no objections. Atty. Obviagele represented the Kulwant Dillon, the licensee. His understanding and hope is that this item will be sent back to the Licenses Committee. City Atty. St. Junior agreed that this matter shall be returned to Committee. Ald. Coggs moved that the Committee rise. There were no objections.
Pass15:0 Action details Meeting details Video Video

Number

200375

 

Version

ORIGINAL

 

Reference

 

Sponsor

THE CHAIR

 

Title

Motion relating to the Extended Hours, Food Dealer, Filling Station, and Weights & Measures License Applications of Kulwant Dhillon for the premises at 3381 N. 35th St. doing business as "35th Hometown" in the 7th Aldermanic District

 

Analysis

This motion pertains to a license that was before the Common Council on September 24 2019, where it was non-renewed.  It was returned to the Common Council, a court having found that there was a fault in the due process granted the applicant by the introduction of evidence not in the record at the meeting of September 24.

 

Requestor

 

Drafter

James R. Owczarski

July 2, 2020