84-1482 WHITE - CITV CLERK
PINK - FINANCE G I TY OF SA I NT PAU L Council ��_/�8,a
CANARY - DEPARTMENT
BLUE - MAVpR File NO.
�
_ � Council Resolution
Presented B
Referr d To Committee: Date
Out of mmittee By Date
WHEREAS, Dennis C. Kessler was the holder of a permit
to carry a firearm�pursuant to St. Paul Legislative Code Section
225. 05� in the course of his employment as a security guard
for Loomis Armored Car Service, Inc . ; and
WHEREAS, on July 24, 1984, Police Chief William McCutcheon
exercised his discretion, pursuant to S�. Paul Legisla�ive
Code Section 225. 05, Subd. 1, by revoking in writing Dennis
Kessler ' s aforementioned permit for the following violations
of law which arose in an inciden� which occurred on June 11,
1984 :
l . Dennis Kessler was not authorized by permit to carry
a firearm for the purpose of responding to that par-
'ticular incident;
2 . Dennis Kessler committed a misdemeanor offense by
discharging a firearm in the City of Saint Paul in
violation of state statutes; and
3 . Dennis Kessler used deadly force in a circumstance
in which it was not authorized;
and
WHEREAS, Dennis Kessler exercised his right, pursuant
to St. Paul Legislative Code Section 225. 05, Subd. 4, to appeal
the police chief 's determina�ion to Mayor George Latimer; and
WHEREAS, Mayor La�timer, after review of �he police repor�s
and the arguments set for'ch in writing by Dennis Kessler ' s
attorney, notified Dennis Kessler by letter of his decision
�o uphold Chief McCutcheon' s detcermination; and
COUfVCILMEN Requested by Department of:
Yeas Nays
Fletcher
Drew In Favor
Masanz
Nicosfa
scneibei __ Against BY
Tedesco
Wilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Yassed by Council Secretary By t��il�- �° �rY�''""`L 1�'ZZ" '�� �
gy,
t#pproved by Mavor: Date _ Approved by Mayor for Submission to Council
By _ gY
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Yeas � NaYs ���-� �. .
DREW - `',y
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FLETCHER /i7 � �?� -117J G'✓ ;`{j��.� _
Ci ,;;3�,t
MASANZ �7���' _
_°-.3:�:a^.�.�:�:._._
NICOSIA
SCHEIBEL
WILSON
1KR, PRESIDENT TEDESCO
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WHEREAS, Dennis Kessler appealed the Mayor' s decision
to the City Council for the City of Saint Paul; and
WHEREAS, the City Council considered Dennis Kessler ' s
appeal on October 9, 1984 and again as the Legislation Committee
meeting as a committee of the whole on October 22, 1984 ; and
WHEREAS, the City Council heard testimony from both those
who supported the Mayor and Police Chief ' s determinations and
those who supported Dennis Kessler ' s appeal; and
WHEREAS, the evidence established that Dennis Kessler
discharged his firearm, not in defense of a victim of a crime,
but rather, in pursuit of two suspects ; and
WHEREAS, the Council engaged in extensive questioning
of the witnesses and discussion of their testimony and based
its determination on the overall weight of the evidence; and
WHEREAS, the Council determined that Dennis Kessler vio-
lated St. Paul Legislative Code Section 225.10 (1) which by
the terms of Section 225. 05, Subd. 1 is a basis for revocation
of a permit to carry a firearm; and
WHEREAS, the Council voted 6 - 1 to uphold the Police
Chief and Mayor ' s determinations and to deny Dennis Kessler ' s
appeal; now, therefore, be it
RESOLVED, that the Police Chief and Mayor' s decisions
to revoke the permit issued to Dennis Kessler to carry a firearm
in the course of his employment by Loomis is hereby upheld;
and, be it
FURTHER RESOLVED, that the Council ' s decision is effective
upon publication of this Resolution; and, be it
2 .
WMITE - CiTV CLERK
PINK - FINANCE G I TY OF SA I NT PA U L Council /�
CANARV - DEPARTMENT File NO. u �^ ` �" �
BLUE - MAVOR
�
. . • Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
FINALLY RESOLVED, tha� the City Clerk is hereby directed
to publish this Resolution after its approval by the Mayor,
as required by the Charter.
3 .
COUIVCILMEfV Requested by Department of:
Yeas Nays
�'F/y n r�
Drew _� [n Favor
Masanz
Nicosia
schetbe� __ Against BY
Tedesco
Wilson
Adopted by Council: Date �CT � 0 198�+ Form Approved by City Attorney
Certified Ya: d ouncil Se tary By ��� �` /�Y��/��:CNL �0 LZ'�f�—
Appr by Ylavor: Dat NOV 2 — �98� Approved by Mayor for Submission to Council
By BY
PUBUSNED N O V 101984
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``'! CITY OF ►.r7AINT PAUL
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ia' '` ' • OFFICE OF THE CITY COUNCIL
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d�� 'hfs�_7211�59` '�� _ . .
i, ' .^9 ', � D a t e : October 22, 1984
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. CO (�IM (TT � � RE PORT
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. �►��iC1�4��'g {�F �
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F� � � = Comt�ittee On LEGISLATION (Committee of the 'Wh��}
C N A 1 R ; JOHN DREW
Agenda
Item 2 Appeal of Dennis Kessler to. an action involving the revocation of a
gun permit.
The Legislation Committee voted to deny the appeal of P1r. Kessler.
CITY HALL SEVENTH FLOOR SAINT PAUI„ MINNESOTA 55IO2
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• FOSTER &JENSEN
ATrORNEVS AT LAW
ROBERT J. FOSTER 754 NORWEST MIDLAND BUILDING AREn Go�E 612
TMOMAS H..IENSEN 401 SECOND AVE.SOUTH TE�ePMO+ve 332-0337
MINNEAPOLIS,MINNESOTA 55401
i
August 1, 1934
The Honorable George Latimer
Of f ice of the t�layor
St. Paul City Hall
St . Paul , Minnesota 55102
Re: Mr. Dennis Ressler �
Revacation of Permit to Carry Firearm
Dear Mayor Latimer:
This office represents Mr. Dennis Kessler in connection
with the above referenced matter.
Mr. Kessler has received a letter from Chief of Police
William McCutcheon revoking Mr. Kessler' s permit to carry a
firearm. A cepy of this letter is enclosed for your
reference . I am writing pursuant to the provisions of
Chapter 225 of the St . Paul City Charter and Legislative Code
to request: tl ) your review of Chief McCutcheon' s decision
Gnd reinstatement of Mr . Kessler' s permit; or, in the
alternative , ( 2 ) a suspension of the action revoking the
permit until such time as it is clear whethzr any misdemeanor
proceedings will be commenced in this matter.
Chief McCutcheon sets forth the reasons upon which he
bases his decision in his letter to hir. Kessler. In light of
the fact that �he Chief of Police expresses the opinion that
hir. Kessler may have committed a misdemeanor, it is not
appropriate for me to address specifically the comments made
in the McCutcheon le�ter at �his time. I would only point _
out that Section 225. 10( 1 ) of the City Charter and
Legislative Code permits the discharye of a firearnz ° [ i] n
lawful defense of person or property against an unlawfuZ
act . °
As you know, Mr. Kessler has full rights to contest the
revocation of his permit. In view of the fact , however , that
Chief McCu�cheon has stated " . . .you discharged a firearm in
the City of St . Paul in violation of State Statutes , which is
a misdemeanor offense ," it appears that there may be the
possibility of misdemeanor proceedings in this situation .
Until this question is resolved it is impossible for
�. , �� -i���
The Honorab].e George' Latirner
August 1 , 198�
paye 2
i�lr. Kessler to exercise fully the rights granted to him under
the City Charter and Legislative Code without compromi.sing
his Fifth Amendment rights . Therefore , in the event you do
not feel that you possess enough information at this time to
act upon Atr . �essler' s appeal , I believe it appropriate for
_ any further revocation proceedings or p�ocedures to be stayed
until the misdemeanor question is finally resolved .
Thank you for your consideration and I await your reply.
Very truly yours ,
FUSTER & JENSEN
Thoznas H. Jensen
THJ/lk
Enclosure
cc : Dennis Kessler
William McCutcheon
Paul McCloskey , Esq.
• � 4�- /��'a
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CITY C?F SAiNT �AUL
_`�° � ;•�; ,
�° �-�� �` DEPARTMENT OF POLlCE
;
.� .u,u�nu�� ,;
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`'' "= Wm. W. R1cCutcheon, Chief of Police
, �...
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""�•U��'° ' 101 East 7enth Street
Saint Paul,Min�esota 55101
GEORCE LATJMER 612-291-1111
MAYOR July 24, 1gg4
rir. Dennis Kessler
1029 Edmund
St. Paul, Minnesota 55104
Mr. Kessler:
Pursuant to Chapter 225.0�, Subd. i, the St. Paul Police Departmet�t is
authorized to issue and revoke permits �o carry firearms.
It is my understanding that you made application for a permit to carry a
firearm in conjunction with your employment as a Loomis Security Guard.
That permit was issued to Loomis. As you were told, a permit to carry a
firearm is issued for your usage during employment and to and from
employment and for no other purpose.
On June 11, 1984, you apparently heard a woman scream outside yaur
residence, "No! no! no!". You then observed two males fleeing from her
presense. You assumed that a purse snatching had occurred. You
apparently took your firzarm, a 38 caliber weapon, and proceeded to
chase the two males you had observed fleeing from the woman's presence.
During the course of the pursuit, you discharged two rounds from the
weapon, later explaining that you did so either to stop the two males
from fleeing or to utilize the noise from a discharge of the weapon to
serve as some sort of an indirect means of summoning the police. There
is no evidence available to suggest that you were, in any way, employed
by the Loomis Company at the time you fired your weapon. Therefore, I
have reached the conclusion that:
1. You are not authorized by permit to carry a firearm for the purpose
of responding to this incident.
2. That you discharged a firearm in the City of St. Paul in violation
of State Statutes, which is a misdemeanor offense.
,3. You utilized deadly force in a circumstance in which it is not
authorized.
Therefore, your permit to carry a firearm is revoked.
Sincerely,
bL?�+ G��J�1C��G*i.Gtt L.�,
tvm. W. McCutcheon
CHIF.F OF POLICE
WMcC:ch
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� FOSTER& JENSEN
ATTORNEVS AT lAW
ROBERT J.FOSTER 754 NORWEST M�DLAND BUtLDING
AREA CODE 612
TMOMAS M.JENSEN 401 SEGOND AVE.SOUTH TE�EaMONe 332-0337
MINNEAPOUS,MINiVESOTA 55401
September 7 , 1984
The Honorable George Latimer
Office of the Mayor
347 City Hall •
St . Paul , Minnesota 55102
Re: Mr. Dennis Kessler
Appeal of Rev�cation of Perrnit to
Carry Firearm.
Dear Mayor Latimer:
I have received Ms . Lee Ann Turchin' s letter of
August 30, 1984 regarding the above matter. Ms. Turchin
forwarded the police records concerning the above with her
letter and invited me to supplement my letter to you of
August 24 , 1984 after I reviewed the police reports.
I believe the police records forwarded to me by
Ms . Turchin basically substantiate the factual background set
forth in my August 24, 1984 letter. It appears to me that
Mr . Kessler' s actions can, at worst , be viewed as an excess
of zeal in his attempt to come to the aid of a crime victim
and apprehend two thiefs . Certainly, Mr . Kessler' s actions
cannot be termed in any way malicious.
As I have indicated in previous correspondence , it is
our position that Mr. Kessler' s actions were authorized by
relevant provisions of the Legislative Code. In any event ,
however, it seems that under the circumstances Chief
McCutcheon' s revocation of Mr. Kessler' s permit to carry a
firearm is unc�uly harsh.
As you are aware , we are reques�iny that the Chief' s
determination be reversed by you. However, 7 do suggest that
in the event you conclude some action is warranted , the facts
of Mr. Kessler' s case justify only a brief suspension of his
permit rights .
Thank you for your consideration.
Very truly yours,
FOSTER & JENSEN
Thomas H. 3ensen
THJ/lk
� J
cc : Dennis Kessler
Paul McCloskey, Esq.
William McCutcheon
�`� '�I'.�.`�' Oi' ►,�'. AINT �AUL �� " /��'o�
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�-z'="y SAINT Pe1UL, bfINNESOT�I SSla2
GEORGF, LATTIIER (612) 298-4323
1�fAYOR
September 25, 1985 '
Mr. Thomas H. Jensen
Foster and Jensen
Attorneys At Law
754 Norwest P:idl«nd Buiiding
401 Second Avenue South
Minneapolis, �iinnesota 55401 '
Dear Mr. Jensen:
RE: DENNIS RESSLER
APPEAL OF REVOCATION OF PERP�iIT TO CARRY A FIREARt�!
I have now had the opportunity to revie:� the complete f ile and
your arguments relative to the ���.:�is Kessler revocation.
Based on tha� review, I support the revocation of the permit to
carry a firearm as sta�ed in Chief P�lcCutcheon's letter of
July 24, 1984.
Sincerely,
,
. .
---�
EOR LATIMER
May r
GL:drm
/
cc: Dennis Ressler v
Paul P�cCloskey
Chief l4cCutcheon
City Council
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has un �rr�i�t �i���c� � ;..,-x +J
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By Karl J. Karison ��xvn rampant through the area," �fi�� -
Staff Writer , Bessler,44,s�ia��aay. ��„��� ��
'� �Ie`said:the suspect, who turned ��'��'�1
Out to be a 1?- ear-old out went # �
St. Paul Fire Department Capt. Y� Y � �� '
Dennis Kessler figures his getting ' �wn an alley^�essler followed ������
involved as a good citizen will cost �• ��ey ran through the al..ey, ,•r4�- *°°
him$6,000,or.$3,000 for each shot �essler.said he fired two shots iato � �
tlie air. `-�r�._��::.:�.—
he fired while chasing a purse , ; ' �
snatcher Monday. �,`I fired to attract the cops. I
St. Paul Deputy Police Chief"' �dn't shoot at the kid.I covld have �
John 1�Iord says Kessler's actions �la�at wasn't my intention," he
were dangerous to the: citizenry .
and Tuesday revoked Kessler's Police, called by Kessler's wife
permit to carry a gun. _ who had gone to the aid of the vic-
Without the permit,Kessler said tim,did.arriqe and arrested the ju-
' Tuesday, he can't work part time venile.
as a driver for Loomis Armored The 67-year-old victim's purse
Car Service,a job he's had for sev- was recovered_ She was not in-
eral months.He said he would have jured.
earned $6,Q00 a year from Loomis qyiesday morning, I�essler said,
' and.now loses that amount. Nord called saying he was going to
"They (police) spend a lot of revoke the twamonth-old gun per-
tune trying to get people involved mit Kessler obtained when he
� with neighborhood watches and started driving for Loomis.
neighborhood assistance officers," Nord said he yanked the permit �
said Bessler, a one-time candidate }�ause "I don't like people shoot-
for the City Council."Revoking my ����ns in residential neighbor-
i permit seems callous." hoods. Our police officers would
Kessler said the whole thing noti'be allowed to use their guns as --
�started about 5 p.m. Monday as he Kessler did." � -
- _ _
and his family were eating dinner. police departmen� policy limits
They�heard a woman screaming �of a guq"deadly force" in po-
outside. lice jargon, to situations in which.
"She sounded:like she was get- an officer knows a crime of via
ting killed," Kessler�said.,He ran lence has been committed and the�
out to see an eiderly woman — su'spect is likely to,harm someone�
"She reminded me of my grand- eLse.
mother who raised me" -.ye�ling �The city ordinance covering gun .:T��, __
and a man runnmg away down'Oz- permits sayS they are to be issued _ _ �
� ford Street between Edmund and by the chief of police and can be ;�,�,�x�s °
Tttomas avenues.- " . _ revoked for cause. ��,1: �
>:.
Bessler said he then got his.357- police Chief William ,��, �:�� -
caliber Magnum Smith and Wesson McCutcheon said Kessler's permit � j '�� °-�
� pistol and ran after the suspect. 'was to carry the weapon on his job. �K�`': }
"The old people in our neighbor- �°We don't have any gun permits �l � ����
hood are getting set upon all the :: out there for self-protection or ?�i s :�'� �
time. Kids like this think they can merely carrying: The permits we ' ' 3���•
` .. . 4 ��^ ". � <.issue extend only to employment, ,,.
��'- - ----- -�'��-�-'-� not packing a gun as you wander
about the city:'
McCutcheon said Ressler was
clearly wrong in firing his weapon.
"It was a.:.purse snatch. The
woman was not hurt. Deadly force
� was not an appropriate response to
the situation,"McCutcheon said.
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-�•�:etters to the Editor ,, � i"�
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St. Paul Deputy�Police Chief John Nord into the air to summon assistance from my dren's hospitals hosted a workshop conf�
revoked Fire Department Capt. Dennis neighbors and the police. ence for professionals working with chi�=
Ressler's gun permit because he thought it dren recovering from head in t�
was dan erous for Ca t. Kessler to shoot The subject of an issued g�n permit for _� _ - ��,, ,-
� g p a second job is_unrelated to t.he use of a -- . ��� � -
his gun into the air and rescue a screaming firearm taken from one's own home in hot '�s;
elderiy lady from a 17-year-old purse p�wt of a robber who�assaults elderly , ''`���t
� snatcher. - �.� a _ . '
- ladies. I feel that revocation is an eg- � .�
Who's the criminal here, Kessler or the �emely callous response hy the police ad- ��`
purse snatcher? Wha's side is Chief Nord ��ation. ` ��
on?With this type of police mentality,it's � �{ '
I further submit that a different chain of .: �� ' ' �
not surprising that S� Paul's streets are events would have occurred had the vic- . � ,�.:._._.
teeming with thugs.If Nord and his associ- , '�-��`a��
tim s name been Nord or McCutcheon.
ates were doing their jobs, we wouldn't «Not a crime of violence," "the woman
need heroes like Kessler to do their jobs was not hurt," "this was only a purse �
for them. RpY STOLTZMAN �atch,,' states Police Chief William A.
McCutcheon.
����e �I take esception to the playing down of �
� , . . . .'� this act of violence against this aad other
, _ ` elderly persons. The woman faced these
A 6T-year-old, 100'pound lady was set two thugs alone and was frightened to
upon by two"qout�s."A description of the death. She very well could have sustain2d
"youths" is in order. Suspect No. 1 was 5- �MOUS injury or been maimed, never to
foot-9 and 150 pounds. Suspect No. 2 was return to her former state of health.
6-foot 4 and 230 pounds.That is not a mis- po we have to have a sequel to the drag-
P��- � -. . ging death of the-woman in V�est St. Paul
A 17-year-old; &foot-4, 230-pound line- to warrant interest by the pofise adminis-
backer-tYPe P�3�g upon a 100-pound tration? :. . `
grandmother, exceptionally brave, these ' DENIVIS C.KESSLER SR.
two young men. „� . - St.Paul .
: ',.' ;�
Ovr elderly and our children are being ',�t ;.
attacked daily and-we must unite, and ,, _ �°;
,:.�.
.�.
stand on this issue.� ?� �. ._t - � �� - �� � - � �
. .. ... � Avo�dir� - head in`ur _
.. 9� , . 1 Y „� '
� While attempting to apprehend the 6- _
_ foot-4.,230-pound suspect,I fired two shots Recently, Rainsey and GiIIette CP
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WHITE - CITV CLERK
PIP_N --61NANCE C I TY OF SA I NT �AU L Council �� / ,/
CANARIi- DEPARTMENT File NO. y/ / ��
BI.UE - MAVOR
� �
Cnun i Res t ' n
Presented By
Ref red C m' tee: Date
Out of Committee By Date
WHEREAS, Adath Israel Sy�sagogue has applied to the Board of
Zoning Appeals for a variance from the strict application of the
provisions of Sections61.101 and 62 .104 (11) of the Saint Paul
Legislative Code pertaining to minimum front and rear yard setbacks
required for buildings, and from the requirement that off-street
parking not be allowed in a required front yard in an R-1 zoning
district for the purpose of constructing a building addition to
their existing structure and constructing an off-street parking
facility for their property located at 2337 Edgcumbe Road, legally
described as Lots 5 through 7, Block 5, Bohland's Edgcumbe Hills
Addition; and
WHEREAS, Following a public hearing with notice to affected
property owners, the Board of Zoning Appeals by its Resolution No.
9621 dated September 11, 1984 varied the provisions of Section
61.io1 and Section 62 .104 cii� permitting the construction of a
building addition to be set back 68 feet from the front property
line, two feet from the rear lot line, and allowing vehicles to be
parked 28 feet from the front property line at 2337 Edgcumbe Road,
subject to the condition that the north curb cut and access lane
meet modern public works and zoning code standards of minimum
width and that the proposed south egress be posted to direct
traffic to proceed with a right turn only and that all construction
�r completed in accordance with the application for variance and
�he site plan on file with the Saint Paul Planning Division; and
WHEREAS, The decision of the Board of Zaning Appeals was based
upon the following findings of fact:
1) An existing synagogue cannot be reconstructed or addition-
al off-street parking provided under strict provision of the code.
2) The plight of the applicant is due to the physical condition
of the property. The severe topography and structural orientation
COUIVCILMEN Requested by Department of:
Yeas Nays
Fletcher
°re1"' In Favor
Masanz
Nicosia
schetbel __ Against BY
7edesco
Wilson
Form Approved ity Attorney
Adopted by Council: Date
Certified Yassed by Council Secretary BY
sy •
Approved by Mavor: Date Approved by or for Submission to Council
By - BY