San Marcos City Council Punts Capes Dam Further Down The Line Without New Study

Terra Rivers | Managing Editor

On Tuesday, the San Marcos City Council directed staff not to move forward with the Study Request For Proposal they had previously directed Staff to develop.

Assistant Director of Parks and Recreation, Jamie Case, provided the council with a summary of the “items and questions that council had originally expressed an interest in to staff they felt needed to be answered.”

The scope of work staff proposed based on the council’s interest was:

• Review previous studies, council direction, and public meeting information
• Prepare a public engagement plan
• Develop a list of community priorities/outcomes/concerns associated with Capes Dam. Examples are:
  • Endangered species habitat
  • History of the dam and surrounding area
  • River access for programs serving disabled veterans
  • Flood impacts to the adjacent area
  • Condition of mill race – now & future
  • Permitting Challenges
• Conduct Phase 1 environmental on channel and Mill Race to understand permitting and timing considerations for identified project options (remove, rebuild, hybrid, repair, no action)
• Establish evaluation and prioritization tool for the council to be able to understand each alternative’s ability to address community priorities/outcomes/concerns
• Review and obtain direction from council on evaluation and prioritization tool
• Develop additional alternative projects (dependent on available funding)
• Evaluate and document analysis for all projects
• Clearly document the evaluation of each criteria for the city’s options.
• Conduct public engagement on evaluation
• Identify key unknowns and document processes to resolve. This may include additional studies
• Prepare project recommendation and implementation plan including funding options, permitting, design and construction time frames

Case said the Parks and Recreation Department is in the process of implementing interim safety measures near the dam including the installation of a buoy system to mark a safe line of travel around the structure and new warning signs.

According to Case, there is not any immediate issues and permitting needs in order to install the buoys or signs.

The buoys have already shipped and are expected to be delivered on August 7. The “warning signs are currently in the process of being made.”

During her presentation, Case noted that the council specifically requested that a new study be done and did not want a repeat of the one previously performed by Dr. Tom Hardy.

However, Councilmember Maxfield Baker questioned his colleagues about whether they trusted Dr. Hardy’s work at all.

Council Member Ed Mihalkanin said there were several concerns regarding incorrect measurements of the dam and incomplete references to the Mill Race; however, he has always been in favor of repairing or rebuilding the dam.

“For me, this is a public policy issue,” Mihalkanin said. “We did not have this conversation in the early 2000s when the council decided to repair Rio Vista Dam, and it’s a dam in our river. I don’t apologize for voting to repair the Rio Vista Dam. This is, to me, a recreation issue. This is for our citizens, and it’s part of our history.”

Councilmember Melissa Derrick said she is in total support of the health of the river, which relies upon the removal of the dam.

“There isn’t going to be any recreation if there isn’t a river in 50 years,” Derrick said. “If I was told my child needed their leg amputated, I’d look for a second opinion.”

Case estimated that the RFP Solicitation Process would take an estimated 177 days.

Marquez said it was about social justice for her, and that those who like to bike around the city know there is no connectivity between the East and West sides of San Marcos.

“I also understand as a scientist myself,” Marquez said, “That science has been used to disempower people; science has been used to silence people over and over. I can see it from both sides. I don’t live on the east side, but I know that the people on the east side need something.”

Marquez said she supports rebuilding the dam and has read the reports regarding the studies the past council had performed.

Derrick noted that the Hays County Parks and Open Space Advisory Commission (POSAC) did not include Capes Dam and the park in their bond recommendation. 

POSAC was created by the Hays County Commissioners Court earlier this year; the commission is comprised of 10 residents of the county, who are charged with establishing a democratic, inclusive process to study a parks, open space, and conservation bond program that will yield project recommendations. 

POSAC recommended to Commissioners that the county looks at a bond proposition of $75 to $80 to complete 8 of the 16 projects that had been proposed to them.

The recommended projects were projected to total between $60 to $65 Million.  

However, POSAC Chair Scott Way said the Commission hadn’t heard from the City of San Marcos and the City of Buda, who had both expressed interest in submitting a project for consideration.

The commission proposed an additional $15 to $20 million over the project’s estimated costs in case the two municipalities came forward with a park opportunity they were interested in. (Read the full coverage here. Or watch it here Item #3 end of the meeting.) 

After a long discussion, Mayor Hughson, Councilmembers Mihalkanin, Marquez, and Saul Gonzales held the majority vote and directed staff to work with the county on their park proposal as previously directed.

Hughson noted that the county will have to do studies before any work could start on the dam.

“I have to admit this is a mind-boggling day for me,” Councilmember Mark Rockeymoore said. “Sitting here with my fellow councilmembers who want to ignore the science [we have] and not even get new science.”

Rockeymoore said he didn’t need a new study as the science the council already had was clear that “removing the dam was the best option,” and he wasn’t sure “what it meant to work with the county anymore.” 

“It feels like we’re just punting this further and further down the line,” Rockeymoore said. “So, I say no to both options.”

Baker said he didn’t want to work with the county on a park project if it meant keeping the dam because it would be cheaper, safer, and easier to go ahead and remove it than it would to go through the process of repairing it.