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01-21-2004 05:04PM FROM TO 12185685860 P.02 i iL,a .V'N OFFICE 220 LAUREL STREET P_O. BOX 367 BRAINERD. MINNESOTA 56401 TELEPHONE We) saw"9z FACSIMILE We)ezo-9768 THOMAS A. FITZPATRICK CONNIE OLSON ATTORNEY AT LAW LZGAL ASSISTANT January 21, 20M City of Pequot Lakes c/o Sandy Peine, City Clerk P.O. Box 361 Pequot Ickes, MN 56472 Re: Conflict of Interest co ruing Highway 371 alignment �. Dear Mayor Malecha and Cxx Lwil Members: MnDOT has asked t the City of Pequot Lakes City Council indicate which future Highway 371 alignment it pre . The City's response will be one factor weighed by MnDOT in making its decision cone the Highway 371 alignment alternative ultimately selected. Other considerations will ce J� dy include the preferences of other affected municipalities, public input, the comparative c nvironmental impact likoly from the alternatives and cost. Initial project construction is tentatively anticipated in 2010. I have been asked to provide information concerning council member conflicts of interest, particularly in the context of the 371 routing preference the council is scheduled to select on February 3, 2004. My opinion is based upon a review of Minnesota Statutes regarding conflicts affecting elected officials, relevant case law, written opinions of the Minnesota Attorney General g nd discussions with an Assistant Attorney General. Although I am generally aware of the b6sivess interests and the location of property holdings of some council members, I do not ha ire detailed information regarding these matters. The future highway will have wide impact upon the community in general, and every alternative is likel to affect one or more council members to a greater or lesser degree. However, the Council's recommendation to MnDOT is only one of a host of factors which will be considered whei i the state agency finally selects the future layout of Highway 371. I