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<br />., <br /> <br />. <br /> <br />CITY OF ARDEN mLLS <br /> <br />MEMORANDUM <br /> <br />DATE: <br /> <br />March 5, 1999 <br /> <br />TO: <br /> <br />Brian Fritsinger, City Administrator <br />Terrance Post, City Accountant@ <br /> <br />Community Services Fuud <br /> <br />FROM: <br /> <br />SUBJECT: <br /> <br />. <br /> <br />BacklITound <br />When the City of Arden Hills adopted Ordinances in 1989, and in 1990, related to the <br />regulation oflawful gambling within the City, one of the regulations was the creation of <br />a Lawful Gambling Fund into which licensed organizations contribute ten (10) percent <br />of their net profit. A September 21, 1989, memorandum from City Attorney Filla, to <br />then City Administrator Berger, advised "the proceeds of the fund would have to be used <br />for lawful purposes which include public improvements and public services" <br />(Attachment A). However, as Attorney Filla points out in a recent memorandum on the <br />subject, "between 1990 and 1998 the definition of Lawful Purpose was amended a <br />number of times (Attachment B.) Of the traditional kinds of services the City of Arden <br />Hills normally engages in, the only types included in the current Lawful Purpose <br />definitional category are; 1) construction or maintenance of recreational, community and <br />athletic facilities intended primarily for persons under 21 years of age; and 2) police, fire <br />and emergency services. <br /> <br />Use of Fund Proceeds <br />The only regular, planned use of Community Services Fund proceeds in the last several <br />years has been an operating transfer to the Recreation Fund to subsidize operating losses <br />of program activities. While this is a Lawful Purpose type of use, the subsidy need has <br />been substantially less than the annual revenues of the Community Services Fund. This <br />situation has resulted in a preliminary 1998 year-end fund balance of approximately <br />$300,000. <br /> <br />New State ReportinlZ OblilZation <br />Beginning with calendar year ending December 31,1998, the legislature included a <br />reporting obligation on Cities or Counties, which had the 10% net profit dedication <br />requirement, to identify the manner in which the 10% dedication funds have been used <br />and, if a positive end-of-year fund balance, a brief explanation of why the budget <br />balance will be maintained. This reporting must be completed and submitted to the <br />Gambling Control Board by March 15, 1999. <br /> <br />. <br />