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. . . ARDEN HILLS CITY COUNCIL - MARCH 8 1999 11 Council member Aplikowski stated that she could not find an area within the Statute that would allow the funds to be used to build a ball field. She indicated tl1at the purposes defined in the Statute appear to be geared more towards a natural wildlife park, trails and equipment. Mr. Fritsinger stated that any type of park facility or ball field would qualifY as there is equipment involved. Councilmember Larson referred to page tlrree of Attachment B, item (b), (3) that discusses not using the funds for the acquisition ofreal property or capital assets. He suggested that within this paragraph tbere may be ways to fit a ball field into tbe lawful uses. Councilmember Malone restated that he does not believe that the Council was given the correct section of the Statute to consider, as the stipulations are clearly what the gambling organizations are subject to. Councilmember Aplikowski pointed out that the group that receives the money must qualify the use as a Lawful Purpose. Councilmember Malone suggested that tbere may be two sets of definitions for Lawful Purposes. He noted that item 11 on page three of Attachment B includes contributions to a church organization as a Lawful Purpose which is clearly not allowed by the City. Mr. fritsinger stated that the Statute section 349, used by City Attorney Filla, bas no specific reference within it that segregates municipalities outside of the information. Councilmember Aplikowski stated tbat sbe interpreted the Statute section to indicated that, as long as the funds can qualify for one criteria of lawful use, it would be acceptable to the Gambling Control Board. Councilmember Malone stated that, other than item number 10, he could not find where in the definition for La""i'ul Purpose it allows the funds to be used for fire protection. He reiterated that the Statute section being considered does not appear to be the correct one for the City. He indicated that this issue does not need to be debated at this time, however, it should be confirmed with Attorney Filla. Mr. Post stated that the Statute reference is tbe specific subsection of the reporting form that the City is required to submit. He indicated that tbe reporting form has a summarization of the Statute tbat is consistent witb tbis Statute subsection provided to tbe Council. Mayor Probst asked if there is a timeline in whicb the City must make a firm decision on the use of the funds. Mr. Fritsinger stated that no specific action was required at this time. The City is required to complete the report to tbe State tbis week, which will identify that there is balance of approximately $300,000.