04 - Resolution Regarding Hwy 371

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SZ - .......... ATTORNEYS AT LAW 30849 R sT STREET PAULJ.SANDELIN P.O.BOX 298 TELEPHONE(218)568-8481 STACY M.JOHNSON PEQUOT LnrmS,MIIVNEsoTA 56472 FAX(218)568-8444 www.Likesarealaw.com December 18, 2007 VIA EMAIL Sandy Peine City of Pequot Lakes 4638 County Road 11 Pequot Lakes, MN, 56472 RE: Highway 371 Resolution Our File No. 25000.010 Dear Sandy: I reviewed Resolution No. 04-002 and Resolution No. 06-23, in addition to the proposed Resolution Identifying the Alternate Alignment as the Preferred Alternative for the Expansion of T.H. 371 in the City of Pequot Lakes ("Draft 2007 Resolution"). I understand that the City Council will be considering the Draft 2007 Resolution at its meeting on Tuesday, December 18, 2007. Procedurally the City Council may consider and adopt a resolution that may either rescind, affirm, or modify Resolution No. 04-002 or Resolution No. 06-23. In reviewing the Draft 2007 Resolution one item that the City Council will want to modify in the resolution is the following paragraph: WHEREAS, Mn/DOT is required, as per State Statute 161.16, to obtain the consent of the City of Pequot Lakes for proceeding with an expansion of T.H. 371 within the city limits and has therefore worked closely with the City of Pequot Lakes to address outstanding issues and concerns, and The reference to Section 161.16 should be revised to refer to Section 161.164 of the Minnesota Statutes. I confirmed this with Tim Bray of MnDOT. Section 161.164 addresses the final layout approval process and provides that the City upon receiving a Final Layout from MnDOT shall, among other things, approve or disapprove the Final Layout in writing. MnDOT is required to follow the process under Section 161.164 which gives the City the right to approve or disapprove the Final Layout, as well as providing for an appeal process.