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LAKE ELMO CITY COUNCIL MINUTES <br /> OCTOBER 16, 2012 <br /> <br />Page 3 of 7 <br /> <br />Effect of the proposed use on the Comprehensive Plan. After evaluation of the proposed use against these criteria, Staff determined that all criteria were met. It was explained that staff believes a licensing approach for therapeutic massage regulation would be more appropriate than through the conditional use permit process. A licensing structure would allow the city to attain the desired level of regulation to ensure community safeguards and quality local business practices. A public hearing is scheduled for November 14th to discuss the zoning text amendment. Discussion was had over whether to grant the CUP versus waiting until the licensing structure was in place. Mr. Klatt noted that the applicant chose to go thru CUP process instead of waiting for the license process was implemented because he wanted the business operational as soon as possible. The date when a licensing structure would be ready is not yet known. Because the applicant has already gone through the CUP process, Council determined that it would be reasonable to waive the initial annual licensing fees when the licensing structure exists. <br />MOTION: Council Member Smith moved to APPROVE RESOLUTION 2012-53 PERMITTING THE <br />CONDITIONAL USE PERMIT AS AMENDED TO INCLUDE THAT THE BUSINESS OWNER WILL <br />OBTAIN A MASSAGE LICENSE WHEN THE ORDINANCE TAKES EFFECT OR PROCESS BECOMES <br />AVAILABLE AND THAT THE FEES WILL BE WAIVED FOR THE INITIAL ANNUAL LICENSING <br />PROCESS. Council Member Park seconded the motion. MOTION PASSED 5-0. <br /> <br />ITEM 11: RESOLUTION 2012-54 APPROVING THE LAKE ELMO EMPLOYEE HANDBOOK. City Administrator Zuleger highlighted some of the notable changes to the 2004 document: Columbus Day has been removed as a holiday; compensatory time has been changed to require use and minimize staff shortage; overtime and call in time have been narrowly defined to mitigate abuse; a code of conduct has been adopted to improve professionalism; standard operating policies in the area of decorum and personal welfare have been defined; the Lake Elmo benefit package is defined and eligibility qualified; and a performance review and progressive discipline process has been developed. A comprehensive HIPAA policy also was added. It was pointed out that the handbook would be brought to the council one or two times per year for updates and review. Mr. Zuleger explained that the document was reviewed and approved by the City Attorney. He also noted that one purpose for the new handbook is to provide employees clear expectation for reviews. A discussion was had where Mr. Zuleger explained why some of the changes were made, including holidays, overtime, and compensatory time. He also stated his preference for defined vacation, sick, and holiday time as opposed to paid time off. Mr. Zuleger noted that upon adoption, this handbook and its policies will become effective immediately.