HomeMy WebLinkAbout11/09/2005 Council Packet•
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WORK SESSION AGENDA
CITY OF LINO LAKES
Wednesday
November 9, 2005
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
1. Hardwood Creek Development
2. Lois Lane Utility Extension
3. Lakeview Drive Utility Extension
4. I -35W /Lake Drive Interchange Project
5. Donated Leave Policy
6. Employee Resignations
7. Rescheduled Nov. 22 Work Session
Regular Agenda Items
Adjourn
Revised 01/01/05 ajb 9:35 a.m.
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WORK SESSION MEMORANDUM
To: City Council
From: James E. Studenski
Date: November 9, 2005
Re: Work Session Item 2 — Lois Lane Utility Extension
Background
The Public Hearing for the Lois Lane Utility Extension was closed August 22, 2005. As
required by the City Charter, 60 days have elapsed following the hearing; therefore action
can now be taken on this project.
A letter from Chad Borsheim, at 554 Lois Lane, received by the City of Lino Lakes on
October 20, 2005 stated his lack of support of the project. A second letter from Tim
Anderson, at 547 Lois Lane, was sent to the Council on October 20, 2005 further
expressing his support (and four neighbors) of the project. Both letters are enclosed.
Also, attached please find the proposed sanitary and water sheet for the project area.
Requested Council Direction
Staff is requesting direction from the City Council as to the action to be taken regarding
the utility extension.
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• October 20th, 2005
To City of Lino Lakes
RECEIVED
OCT 2 @ 2005
CITY OF LINO LAKES
I Chad Borsheim at 554 Lois Lane am writing this letter to formally object to the city
sewer and water utilities planned for my property. I have no need for these utilizes due to
the fact I installed a new mound system 4 years ago and my well works just fine. All my
current utilities meet current city code. These newly planned utilities also provide no
added benefit to my current property for the cost of $23,000 a unit.
This Lois lane utility project is not providing better service to the property owners it's all
about my neighbors wanting to split there lots and make money. I will not pay $23,000
for my neighbors to make money. There has been talk about my property being able to
split with a variance but who knows for sure if I will be giving a variance and then the
land has to past the perk tests.
Thank You
Chad Borsheim
554 Lois Lane
Lino Lakes, MN 55014
• elovizvid /0/2 0-40J
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October 20, 2005
City of Lino Lakes
600Town Center Parkway
Lino Lakes, MN 55014 -1182
City Council,
I am writing this letter to once again appeal on behalf of myself and Mike and Donna
Flanagan, Darryl and Susan Frieberg, Mr. And Mrs. Fortuna and Joe Pepin who are
strongly requesting that the Lois Lane Utility Extension as outlined by Mr. Jim Studenski
City Engineer for the City of Lino Lakes be accepted and moved forward on your agenda
for installation in the spring of 2006.
I have personally had three waterline breaks and need consistent water service.
The development of Bluebill Ponds to my north established a basis between the City of
Lino Lakes and residents on Lois Lane to bring utilities down Lois Lane and be able to
split off our back lots on Arlo Lane.
Please pass this measure as it truly is a win win situation for all parties concerned.
Respectfully,
Tim J. Anderson
547 Lois Lane
Lino Lakes, MN 55014
651- 780 -3417 Home
715 -386 -6024 Work
ENGINEERS•ARCHfECTS•PLANNERS
PROJECT NO. 13455.000
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To:
From:
Date:
Re:
Background
WORK SESSION MEMORANDUM
Mayor and City Council
James E. Studenski
November 9, 2005
Work Session Item 3 — Lakeview Drive Utility Extension
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The City received a petition dated June 1, 2005 from Lakeview Drive residents requesting
sewer and water to be extended from Elm Street to North Road along Lakeview Drive.
Council directed staff to provide more information to the residents and receive more
feedback from the residents.
A more detailed questionnaire was sent to the residents (see attached), in which 39
residents responded of the 78 abutting properties. There were only 5 responses in favor
of the project, which is 6.4% support. Also attached, please find a map of this area that
displays these results.
Requested Council Direction
Staff is requesting direction from the Council as to how the City should respond to the
request of the Lakeview Drive Utility Extension.
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• September 27, 2005
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6808 — 7180 Lakeview Drive
59 North Road
Lino Lakes, Minnesota 55014
Re: Lakeview Drive Utility Improvements
Lino Lakes, Minnesota
Dear Residents:
A petition was received by the City of Lino Lakes and verified requesting the extension of
utilities along Lakeview Drive from Elm Street to North Road. This petition resulted in 42% of
the property owners indicating support of the project. These findings were presented to the City
Council and were discussed at multiple meetings. The City Council has directed staff to provide
more information to the residents and determine to what extent the property owners are still
interested, given the potential cost of the project.
The City currently has no existing plans for utilities in the area included in the petition. The area
is located outside of the designated Metropolitan Urban Service Area (MUSA), which determines
where utilities can be provided. The area of the petition is designated for Low Density
Unsewered Residential use in the city's existing comprehensive plan. In order for utilities to be
constructed, the comprehensive plan and MUSA boundaries will have to be formally amended by
the City Council.
While the petition requests "city sewer and water ", another major issue to be considered along
with the petitioned water and sewer improvements relates to the cost of reconstructing the street.
The construction of utilities will completely destroy the existing street, requiring its total
reconstruction. The City's Pavement Management Program does not include this street within its
five year reconstruction schedule. The cost of reconstructing streets not scheduled in the
Pavement Management Program is borne by the benefited property owners.
Without the benefit of a completed a feasibility study for the proposed utilities and street
reconstruction, only a general estimate of the cost to property owners can be made, based on
recent similar projects in Lino Lakes. Similar projects indicate that the cost to you could be in
the area of $20,000 - $30,000 or more per lot. Only after the completion of a feasibility study
will a more accurate cost estimate be able to be provided. Whatever the amount of the cost, it
could be paid as part of your property taxes and amortized with interest over a fifteen year period.
The cost of such a feasibility study is approximately $45,000. Funding for the study is not
provided for in the City's 2005 budget, nor is it included in the preliminary 2006 budget. If
property owners were willing to pay for the study, it could be initiated immediately upon the
600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182
Phone: 651- 982 -2400 • Fax: 651 - 982 -2499
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receipt of this payment. Otherwise, it will be 2007 or later before the City could decide to fund
the request and undertake the study.
In summary, the decision to proceed with extending utilities into this area will occur only after
there is substantial support for the project and agreement to the associated assessments to pay for
the improvements, including the reconstruction of the street, a change in the MUSA boundary,
and an amendment to the comprehensive plan. The immediate obstacle for proceeding further is
the absence of funding for the feasibility study. The study is necessary to provide property
owners with an accurate estimate of the costs to be assessed to properties and allow property
owners to make an informed decision on whether they wish to have the project constructed.
Please fill out and return the attached questionnaire by October 28th in order for the City Council
to better understand the support for the proposed project and willingness of property owners to
expedite the process by funding the feasibility study.
Respectfully,
&jc44—
James E. Studenski, P.E.
City Engineer
• Cc: Mike Grochala, Community Development Director
Enclosure
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Lakeview Drive Utility Improvements Survey
Are you in support of the installation of city water and sanitary sewer services and reconstruction
of the street which would result in estimated assessments of approximately $20,000 to $30,000 +?
Yes
No
The City of Lino Lakes does not have funding in the 2005 and preliminary 2006 budgets to
undertake the preparation of a feasibility study to determine the actual cost of the project to
property owners in order for a decision to be made by property owners and the City as whether to
proceed with the project.
Are you in support of paying approximately $600 to fund the immediate preparation of the
feasibility study in order to determine the project cost and allow for a decision to be made as to
whether the project will be undertaken?
Yes
No
Name:
Address:
Signature Date
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NORTH RD
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WORK SESSION MEMORANDUM
To: City Council
From: Michael Grochala
Date: November 9, 2005
Re: Work Session Item 4
I- 35W/Lake Drive Improvement Project
BACKGROUND
In July of 2005 the City Council authorized final design of the I- 35W/Lake Drive
Improvements. The City has also submitted an application to obtain federal funding for
the improvements from the state's Surface Transportation Program (STP). This funding
becomes available in 2009.
The proposed project includes reconstructing CSAH 23 /Lake Drive from Apollo Drive to
approximately 1,000 -feet south of Marshan Lane. The proposed improvements include a
four -lane roadway with right and left turn lanes, replacement of the bridge over I -35W,
and installation of three additional traffic signals. The purpose of the improvements is to
reduce traffic congestion and improve safety along the project corridor. Construction is
anticipated to start in June of 2006.
PROJECT STATUS
Project Funding
The extent of improvements is directly affected by the availability of federal funding for
the project. As such staff is following a two track process. The final design process
currently underway assumes the reconstruction of Lake Drive with a new bridge spanning
I -35W. The final design should be completed by January of 2006. The City should know
preliminarily if our STP application is successful by mid December. If successful, it
would be our intent to advance funding for construction to start in mid summer of 2006.
This would also require execution of a Joint Powers Agreement (JPA) with Anoka
County for their share of the project.
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If federal dollars are not available we will be in a position to complete improvements to
Lake Drive without the new bridge. The city has already obtained $400,000 from
Mn/DOT's Municipal Agreement Program for construction in 2006. The remainder of
the project funding will be covered by the Legacy at Woods Edge Tax Increment
Financing District as previously planned.
Land Acquisition Process
In either scenario land acquisition will be required to complete the improvements. As
part of the design process the City has identified the need to purchase additional road
right -of -way and /or permanent and temporary easements for construction of the
improvements. In some cases existing direct access points to Lake Drive will need to be
closed and relocated.
Under Minnesota Law, the State and certain other Governmental Agencies, including the
City, may acquire property by gift, direct purchase, or eminent domain proceedings. This
right may be used to acquire private property for public purposes, including public
roadways. In certain cases the City will not need to purchase the actual property but will
need to purchase certain "Rights" from the property. These rights may include drainage
easements, extinguishment of access, temporary easements, etc.
We are currently in the process of identifying the extent of acquisition necessary and
contacting property owners. The acquisition process is fairly extensive, time consuming
and subject to several state and federal laws. Wilson Development Services is assisting
us in this process. They have been involved in several city projects including Elm Street,
62nd Street, and Holly Drive.
Prior to any acquisition of property, surveyors from the City's Engineering Consultant,
SEH, Inc., will be present to obtain information for the development of the project. This
may include setting of stakes to identify the extent of right -of -way boundaries and /or
construction limits. The primary purpose for the surveying is to provide both the
appraiser and land owner visual information regarding the extent of the acquisition.
Secondly, the City will send a qualified independent fee appraiser to estimate the market
value of the City's proposed acquisition. The appraiser will contact property owners prior
to the appraisal. Property owners are given the opportunity to accompany him/her during
the inspection of the property. Jerry McKinze of McKinze Appraisals in performing this
service on behalf of the City. Mr. McKinze has begun contacting property owners and
setting up property visits.
In certain instances, property owners may be contacted by City representative to meet
with staff and design engineers to discuss specific design improvements that affect their
property. Mark Dierling, our design engineer, Dan Wilson, Jerry McKinze and myself
met with Ken and Bernie Skoglund on November 4, 2005 for this purpose.
Once these items are completed the City will begin the process of purchasing property.
Every effort will be made to acquire property through direct purchase. Direct purchase
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means that the property owners will be contacted by a representative of the City in an
attempt to purchase the property for the estimated market value of the property. The City
is required to make written purchase offers at least thirty days prior to sending eminent
domain proceeding notices if necessary.
Every effort is being made to keep property owners up to date on the project and status.
All property owners, potentially affected by land acquisition have been notified by mail of
the process and are being contacted directly by city representatives. It is likely that staff
and other project representatives will meet with property owners personally prior to
written offers being made. Information about the project is also available on the City's
website.
We are anticipating completion of the acquisition process by mid January. If, at this time,
we are unable to reach agreement on certain parcels it will be necessary to commence
eminent domain proceedings. However, staff is hopeful, that the majority of properties
can be obtained through the direct purchase process.
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WORK SESSION STAFF REPORT
Work Session Item No. 5
Date: Council Work Session November 9, 2005
To: City Council
From: Gordon Heitke
Re: Donated Leave Policy
Background
A potential situation of an employee prompted staff to request that Administration
consider initiating a policy that would allow city employees to donate accrued leave to a
fellow employee in cases where a major medical event would cause the employee to face
unpaid leave as the result of having depleted all of his/her accrued paid leave. Staff
subsequently discussed this request with the City Council, which directed staff to develop
a policy for consideration.
The attached draft policy was formulated following the review of several policies from
within and outside of Minnesota. The policy is fairly detailed in response to the many
questions which arise when contemplating such a program. The approach taken was to
attempt to minimize uncertainties when administering the program.
To assist in your review, two major policy considerations have been noted within the
draft document. They are:
Page 2 — What types of accrued leave shall be allowed to be donated? Clearly the cost of
donating earned vacation is a cost already paid by the City. The donation of
compensatory time may have an additional cost to the City, if the employee would be
using the time, rather than it being paid as overtime. The donation of sick leave will have
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the greatest fiscal impact to the City as this leave is only compensated for partially, upon
severance and after ten years of service.
Page 6 — Is the transfer of leave based on hours or pay? Most policies use an hour -by-
hour transfer approach. An alternative is to convert hours based on pay. This addresses
the disparity in wages that may exist between employees involved in the transfer.
Other numerical standards in the policy have been highlighted as these values vary
between policies. The draft policy contains the most common or average standards
observed in other policies.
Requested Council Direction
Staff is seeking direction as to how to proceed with this policy. It has been placed on the
agenda for the regular meeting. Minor revisions can be made in the interim and it can be
acted on Monday evening. There is no current situation or request which prompts the
immediate need for this policy if more time is needed for adoption.
Attachments
1. Draft Leave Donation Policy
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DWIT
LEAVE DONATION POLICY
PROGRAM RATIONALE:
The City of Lino Lakes is an employer which has an organizational commitment to the care
and support of its employees. This commitment has been illustrated by the providing of
accrued sick and vacation time, as well as funeral leave. Additionally, the City provides
long term disability insurance to those who may require it during their tenure with the City.
Even with the availability of these benefits, a situation may occur wherein an employee
expends all accrued leave balances due to catastrophic illness or injury before recovery is
possible and the need for long term disability benefits does not yet exist. In these cases, it
would benefit the employee and the City to have a policy that would allow for an extended
but reasonable recovery time through the donation of accrued leave by fellow employees
that would be transferred to the leave balance of the employee in need. This program
would allow an employee in need who otherwise meets the criteria set forth in this policy
to extend their leave balance and therefore have additional time for recovery, without the
financial hardship of loss of wages and also allow the City to avoid the cost and operational
disadvantage of selecting and training a replacement for that employee.
This program is not be designed as an indefinite extension of any person's employment
with the City or as a substitute for long term disability benefits. It instead only applies in
those cases where a person suffers from a catastrophic illness or injury that does not qualify
the employee for worker's compensation benefits, long -term disability benefits are
unavailable, and the employee's complete recovery is reasonably expected within a time
frame beneficial to the City of Lino Lakes.
POLICY:
The City of Lino Lakes recognizes that a catastrophic illness or injury of an employee or
immediate family member may deplete an employee's available paid leave (sick/vacation/
compensatory time). A catastrophic illness or injury is one that is expected to incapacitate
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the employee or family member for an extended period of time, and the taking extended
time off work creates a financial hardship because all sick leave, vacation leave,
compensatory time and other forms of paid time off has been depleted. A "catastrophic
illness" may include, but is not limited to, heart attack, stroke, organ transplant, cancer, life
threatening illness or condition, etc., and shall be determined by a physician's diagnosis
and information regarding its expected duration. A death in the immediate family shall
also be considered a catastrophic event and be subject to this policy. "Immediate family" is
defined as the employee's spouse, domestic partner, parent, or the employee's minor
children.
This policy is to establish the procedure through which eligible fellow city employees may
voluntarily donate a portion of their accrued to r/sick lea mpeps to a t ;
balance to be used by another employee who has exhausted all forms of paid leave due to
the experience of a catastrophic illness or injury.
PROGRAM ELIGIBILITY:
All exempt and non - exempt, bargaining unit and non -union employees, which are benefit -
eligible permanent employees may participate in the Leave Donation Program as a leave
donor or recipient. Requests to receive leave through the Leave Donation Program will be
accepted only for individuals who are experiencing a catastrophic illness or injury, and who
are within one pay period of depleting all accrued paid leave, and are expected to be absent
from work for more than five (5) scheduled working days after exhausting all paid leave.
Employees receiving Worker's Compensation benefits from a City related injury or illness,
are not eligible to receive donations. Employees shall not be eligible to participate in the
Leave Donation Program while on probationary status. To be eligible to donate leave time
to another employee, the donating employee shall maintain a minimum leave balance as set
forth in this policy.
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PROGRAM CONDITIONS:
The terms and conditions governing the Leave Donation Program are as follows:
Leave Recipient Conditions:
• An employee is only eligible to receive donated leave for time lost from normal
work hours and only to make them financially whole.
• Recipients must provide documentation to the Director of Administrative Services
from a treating physician regarding the illness or injury, inability perform work
duties, and the expected duration of the condition.
• Recipients of donated leave shall use leave in whole days while off work.
Employees may be eligible for donated leave in full hour increments when not
medically cleared to return to work on an unrestricted basis.
• Donated leave will not be applied to absences before the date on which the
employee is determined to be eligible to receive leave under this program.
• No employee will be allowed to receive more than a total of fifty 5) wor dad
o 400 h hick e ezr . s he lesser of donated leave for any single major life
threatening disease or condition. This cap is pro -rated for part-time donation
requesters based on full -time equivalency status.
• An employee is eligible to receive donations of on sigk ieaye co pensatory
time from other employees one time per twelve (12) month period upon approval
by the City Administrator.
• Eligible employees may receive donated leave up to five (5) days in the case of a
death in the immediate family.
• No employee who has historically utilized sick leave in a manner of maintaining a
minimal accrual balance, or has previously been warned or received other
discipline for abuse of his/her sick leave will be eligible to receive donations.
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• No employee will be eligible to receive donations when the illness or injury
results from self - infliction and/or alcohol or illegal drug use.
• No provisions of this policy, or its administration, shall be subject to review under
the grievance or arbitration provisions of any collective bargaining agreement.
• Nothing in this policy will be construed to limit or extend the maximum allowable
absence under the Family Medical Leave Act (FMLA).
• The City Administrator shall have the right to deny use of donated leave or limit
its use if it is determined to be in the best interests of the City of Lino Lakes.
Leave Donor Conditions:
• The donation of accrued leave time must be in whole hours, with a minimum of
eight (8) hours per employee donating leave hours. Contributions into the Leave
Donation Program can be made only to the extent that there a minimum balance of
tun,'
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remaining within the donating employee's leave account.
• An employee may donate no more than
per calendar year or no more than f
°ent
calendar year, whichever is the lesser amount.
of accumulated sick leave
of leave of sick leave per
• Participation within the Leave Donation Program by employees will be
completely voluntary. No City employee shall pressure or otherwise attempt to
influence another City employee to donate vacation/sick leave /compensatory
time. Persons donating leave shall adhere to the confidentiality requirement set
forth within the Leave Donation Form. Donations will remain anonymous to the
recipient and other employees and shall only be known to staff administering this
program.
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• No provisions of this policy, or its administration, shall be subject to review under
the grievance or arbitration provisions of any collective bargaining agreement.
ADMINISTRATIVE PROCEDURES
1. Any benefit eligible regular employee may request to participate in this program.
He /she should contact the Director of Administrative Services to obtain the "Donated
Leave Request Form ". If the employee is physically unable to apply, a member of
the applicant's family may apply on his/her behalf.
2. The application to receive donated leave shall be submitted to the Director of
Administrative Services and will be reviewed for eligibility.
3. Appropriate documentation concerning the nature, severity, and anticipated duration
of the medical condition is required with the Donated Leave Request Form.
4. The Director of Administrative Services will verify the eligibility of the employee
requesting donated leave.
5. Upon determination that the requesting employee is eligible for donated leave, the
Director of Administrative Services will notify employees only of the person's name
and estimated days of leave needed. The notification shall not include confidential
medical information. No employee shall solicit the donation of leave for any
prospective recipient.
6. Employees wishing to donate accrued leave to an employee requesting additional
leave shall submit a Leave Donation Authorization Form to the Director of
Administrative Services.
7. As a recipient of the Leave Donation Program, wages shall be limited to the amount
equal to that individual's regular gross earnings per pay period (i.e. his/her current
hourly base pay rate multiplied by his/her regularly scheduled hours of work per pay
period). In the event surrendered leave hours exceed this limit, they will be processed
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in the order of the date on the Leave Donation Program authorization form, with the
earliest date processed first.
Transfers of leave hoursrw
ow, b -11Qux , asis
each hour of donor leave
will be credited as an hour of leave for the recipient, regardless of any differences in
pay levels.
9. The Finance Department (as part of the payroll function) will subtract surrendered
leave from the donor's accumulated balance and credit the donated hours to the
requested employee.
10. Once donated time has been transferred to the eligible employee, neither the donor
nor the eligible employee may revoke the transaction, even if it has not yet been paid.
11. Unused donated leave in excess of eight (8) hours will be returned to the donor. If
there are multiple donors, the excess leave will be returned on a prorate basis
according to the amounts donated. Excess hours of donated leave will be held until
the following pay period(s) and processed at that time.
12. An employee may only use donated leave up to the time of eligibility for the long
term disability benefit (if applicable), or for the maximum number of days allowed to
be donated, whichever comes first.
13. Donation of sick leave will not be allowed once an employee is judged to be disabled
by the major medical condition and will not be returning to work, as determined by
the long term disability insurance provider and/or the Social security Administration.
14. Donated leave recipients shall, while using donated leave time, accrue sick leave and
vacation time. All paid leave accrued during the absence shall be utilized prior to the
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using donated leave. Recipients shall be entitled to retain eight (8) hours of donated
leave upon return to work.
15. Donated vacation/sick leave /compensatory time cannot be used for severance pay,
deposited into a sick leave bank, paid out to an employee in the form of cash, or used
in any other manner other than what is stated in this section of the policy.
16. Under a similar program, the IRS has ruled that these payments are to be considered
wages, and therefore taxable income to the recipient. As a result, the payments will be
included in the annual Form W -2 prepared for the recipient and State and Federal
income tax and FICA/Medicare tax and Supplemental Retirement contributions,
depending on the eligibility of the recipient, will be withheld by the City at the time
of payment. The IRS has also ruled that the employee surrendering the leave realizes
no income and incurs no tax deductible expense or loss, either upon surrender of
leave or payment to the recipient.
PROGRAM EXCEPTIONS:
Exceptions to these requirements will be approved by the City Administrator in rare and
unusual circumstances. The City Administrator shall have the right to deny use of donated
leave or limit its use, if it is determined to be in the best interest of the City.
PROGRAM PARAMETERS
As with any City policy, the City reserves the right to modify or discontinue this policy at
any time, with or without notice to the employees of the City of Lino Lakes. This program
will not be considered or construed as an earned benefit or right of any employee of the
City and will be administered as an optional relief in circumstances clearly beneficial to the
City. No employee will be guaranteed access to donated leave and any employee may be
denied access based on the administrative discretion of the City of Lino Lakes.
CONFIDENTIALITY
All information provided in leave donation request applications, leave donation forms,
verification of medical conditions, and additional related information is confidential.
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WORK SESSION STAFF REPORT
Work Session Item No. 6
Date: Council Work Session November 9, 2005
To: City Council
From: Gordon Heitke
Re: Recent Employee Resignations
Background
A question was raised at a Council meeting as to whether there is any reason for the
number of employee resignations within the last two years. It was suggested that this be
discussed at a work session and therefore appears on this agenda.
Requested Council Direction
None at this time.
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