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4. Reconvene and Consider Action on Item Discussed During Executive Session. <br />The San Marcos City Council reconvened into regular session at 7:01 p.m. on Tuesday, February <br />• <br />3, 2009. No action was required from Executive Session. <br />5. Invocation <br />Pastor Bob Smith, of Powerhouse Ministries, provided the invocation. <br />6. Pledge of Allegiance <br />Councilmember Jones led the assembly in the Pledge of Allegiance. <br />Mayor Narvaiz gave a special presentation to Chuck Nash for his national recognition at the <br />National Automobile Association Conference in New Orleans, Texas. <br />7. Citizen Comments <br />Richard Skiles, 100 N. Edward Gary, expressed his concern about the language in #26. Citizens <br />have spoken earlier about the transference of responsibility from a tenant to the landlord. This <br />will not change how he does business as a responsible property owner and manager, but this is a <br />slippery slope and the Council should give this serious consideration. <br />Dianne Wassenich, 11 Tanglewood, Executive Director of the San Marcos River Foundation, • <br />spoke regarding the Lime Kiln wastewater line and the history thereof. They went to Mr. <br />Taggart when they learned of the problems. They researched the TCEQ file and filed their own <br />report on the sinking trench. She noted that it is always filled very quickly after the brief rains <br />we have experienced, but this is very serious because it indicates that the gravel bed is shifting <br />under the pipe. If the gravel bed shifts, the pipe could break and contaminate the aquifer and the <br />lake. She requested that Council please find a different route and not go over Sink Creek <br />Canyon. <br />Don Garrett, 417 Oak Ridge Drive, spoke on #26. He is in favor of protecting property values <br />and controlling noise, etc. But he is concerned with the transfer of responsibility from the actual <br />perpetrator of a violation to the property owner or manager. He compared that with being <br />responsible for the actions of his grown daughter living in another state. <br />Odger Perez, 1302 Perkins, addressed #26, concerning the re-definition of unreasonable noise <br />and unruly gatherings. The proposed changes give police officers the discretion to decide what <br />an unreasonable noise is, but there should be a set standard that says what an unruly noise is. <br />Any law cannot be arbitrary, and it should not be left to personal judgment. <br />Brett Taylor, 103 Nor Crest, stated that he has three houses by the campus. The area is patrolled <br />by campus police and San Marcos police. He understands the trash law and does not have any <br />problem with keeping a property clean. He tries to keep everything repaired, but he is not a • <br />parent to all these kids. He can understand a fine if they are real loud and spilling out into street, <br />RM020309 Minutes Page 2