On the strength of a 3-2 vote, the Oak Park Heights City Council recently donated $3,000 to the coalition that's promoting the new St. Croix River bridge, but with conditions.
The city will audit just how the coalition uses the money after City Attorney Mark Vierling advised that the coalition can't spend it on a legal defense, as representatives of the Coalition for the St. Croix River Crossing had inferred.
"In our view, the Coalition would not have legal standing that would allow it to participate in any litigation should that ever present itself, relative to the bridge, as it has no legal standing in the issue," Vierling wrote in a letter to city leaders. "Consequently, the anticipation of capital building for litigation or legal defense in my opinion would be an illegal gift."
Vierling said the City Council had the legal authority to make the donation if it "serves an identified worthy and beneficial public purpose," but he also suggested that the city inquire further into the coalition's budget and anticipated revenue.
Mayor Mary McComber and council members Mark Swenson and Chuck Dougherty voted in favor of the donation. Mike Runk and Les Abrahamson opposed.
McComber has been an ex-officio member of the coalition. Doughtery owns the Water Street Inn, a bar, restaurant and hotel operation at the foot of the Stillwater Lift Bridge. The coalition has advocated closing the 82-year-old Lift Bridge for safety reasons and to divert commuter traffic out of Stillwater.
Money for the donation will come from the council's contingency fund.
Abrahamson said he voted against the donation because the coalition didn't help Oak Park Heights with problems such as finding money to move utilities during construction of approach roads to the new bridge.