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Regular City Council Meeting Monday, December 12, 2011 Page 19 Mayor Roe reiterated that the motion had been amended to exclude 2013 usage rates. Finance Director Miller noted that any increase in fees was related to the fee structure, as addressed in the footnote to the fee schedule, and more accurately re- flected current costs for meter deposits and radio reading heads, or actually meter costs for each home. At the request of Councilmember Pust, Mr. Miller clarified that this was a one-time cost or deposit for homeowners, with homeowners not paying for meter replacements, and receiving their meter deposits, plus interest, upon moving out. The motion was restated by Mayor Roe for clarification as follows: Johnson moved, Roe seconded, adoption of Resolution No. 10961 entitled, "Reso- lution Establishing the 2012 Utility Rates;" as detailed in the RCA dated Decem- ber 12, 2011; as amended by the resolution distributed by Mayor Roe for a two (2) year spread; excluding 2013 water usage rates, sanitary sewer usage rates, and recycling rates. Roll Call Ayes: Johnson; Willmus; and Roe. Nays: McGehee and Pust. Motion carried. At the request of Councilmember Willmus, City Manager Malinen advised that proposed adjustments to DVD costs were pending with the Police Department, and would be brought forward at a later date in 2012. At the request of Councilmember McGehee, Public Works Director Duane Schwartz reviewed current surcharge program rates and future rates and penalties the City experienced from the Metropolitan Council when maximum flows were exceeded during major rain events. d. Consider 2012 Liquor License Renewal for Courtyard by Marriott and Smash Burger Restaurant Police Chief Rick Mathwig and Lt. Lorne Rosand were present to address con- cerns or questions of the City Council during this discussion. Mayor Roe noted receipt of, and inclusion in the agenda packet (Attachment A) for this item, consisting of the legal opinion from the City Attorney regarding a request by Councilmember Pust at a previous meeting related to a review of Min- nesota Statute and City Code regarding the effect of a liquor license non-renewal on the former licensee's ability to apply for a new liquor license. At the request of Mayor Roe, City Attorney Mark Gaughan summarized the legal option by advising that the City Council could enact a waiting period between non-renewal and re-application. At the request of Councilmember Pust, Lt. Rosand reviewed the specifics of the violations of both the Smash Burger Restaurant and that of the Courtyard by Mar- riott; and addressed both those materials included in previous agenda packets as