Owls Occupy Old Brewhouse Tower in Tumwater

Above: On a tour organized by the Old Brewhouse Foundation in October 2014, City of Tumwater councilmember Tom Oliva, in dark coat, stands on the sixth floor of the Old Brewhouse tower, and looks up at the photographer who is in an upper loft of the tower under the copper roof. Owl droppings litter the floor. It is anticipated that the owls will be relocated before the tower undergoes temporary repairs, window closures, and weatherization this winter.

By Janine Gates

www.janineslittlehollywood.blogspot.com

Barn owls have occupied Tumwater’s vacant Old Brewhouse tower for years, but they will not rule the roost for much longer.

In a meeting last month of the Tumwater Historic Preservation Commission, commissioners approved, with conditions, a certificate of appropriateness so the city can begin temporary weatherization efforts of the tower.

The 110 year old Old Brewhouse is a historic landmark, and was placed on the National Register of Historic Places in 1978. It has been on a watch list by the Washington Trust for Historic Preservation, and is also in Tumwater's Historic Brewery District.

Obtaining a certificate of appropriateness by the commission ensures that any alteration, demolition, or new construction to the historic site is consistent with the property's character. The step is also necessary to move forward with permitting. 

The commissioners took their time at the September 8 meeting to express concern for the owls, ask extensive questions about the types of materials to be used in repairs and weatherization, the methodology for anchoring a temporary roof, and the appearance of the temporary fixes.

One of the conditions for approval was assurance from staff that they would learn more about the barn owls and figure out how to relocate them before installing a temporary roof and sealing up about 55 windows.

Barn owls are a protected species under the Migratory Bird Treaty Act.

After consulting with biologist Michelle Tirhi of the Washington State Department of Fish and Wildlife after the meeting, city staff learned that they must place owl boxes elsewhere on the property in hopes that the owls in the tower will be convinced that they should go elsewhere.

Contacted by Little Hollywood, Tirhi said barn owls often seek out older, seldom used outbuildings for nesting, like barns and old buildings. Barn owls are done nesting for the season and this is a great time to construct and place nest boxes, and then seal them out of their current location.   

The boxes should be installed as close to where the owls currently enter and exit the building. 

Tirhi said she is hopeful the city or volunteers will continue to monitor the boxes so that they can be protected, repaired, or replaced over time, as needed, for the sake of the owls.

The City of Tumwater acquired the tower in an agreement with owner George Heidgerken in May. Heidgerken and his company, Falls Development LLC, owns the 32 acre area around the Old Brewhouse property, roughly bounded by Custer Way to the south, the Deschutes River to the west, Capitol Lake to the north, and the railroad to the east. 

As of this week, there is still no update on the placement of the nesting boxes.

“We’re working with George (Heidgerken) to get permission to install them on site in a variety of locations that are appealing to owls. Then, it will be safe to seal up the Old Brewhouse,” said assistant city administrator and brewery property manager Heidi Behrends Cerniway.

In the meantime, the building continues to deteriorate. In a process called “spalling,” bricks literally fly off the tower, as moisture causes the mortar to expand and contract with weather temperatures, thus dislodging the bricks. 

Behrends Cerniwey told the seven member commission that whenever she visits the site, new bricks are laying on the ground around the tower.

The city hopes to have the temporary protections and weatherization efforts complete by the end of the year.

Above: The southeast corner of the Old Brewhouse tower of the fourth floor shows a dramatic decay of bricks and exposure to the elements.

Regarding the appearance of the repairs, there will be no unsightly blue tarps, but a temporary roof is expected to stay put for one to four years while funding is secured for a permanent roof and window materials.

The windows could be boarded up with plywood from the inside, and perhaps shaped to fit the window, but some windows may have a clear weather resistant material instead, to allow in light. Some may stay open to allow for minimal ventilation. There is no electrical power or heating inside the building.

The city’s consultant, Cardinal Architecture, produced a detailed tower protection and renovation report in May. It estimated that a temporary roof structure would cost about $97,750, and temporary windows and door panels would cost about $21,250.

Because they will be temporary - immediate protections meant to reduce the rate of decay - the city says it will not go through a formal bidding process, and the work will be done with volunteer labor and donated materials.

This was another aspect of significant discussion, as commissioners did not want to find themselves in a situation similar to that of the City of Olympia when it attempted to use the donated services of Joint Base Lewis-McChord soldiers to demolish two blighted buildings on the isthmus in downtown Olympia last year.

One of those organizations donating services is the nonprofit Old Brewhouse Foundation.

Rob Kirkwood, president of the nonprofit, has already built four owl boxes, donated an additional owl box, and provides informal input on how to approach the project and what is needed to be done in terms of professional services.

The City of Tumwater will begin permanent restoration efforts as soon as funds become available through grants, capital giving campaigns, and other sources. The project, when complete, is expected to cost about six million dollars.

So far, the only funding the City of Tumwater has on hand for the tower’s restoration is $14,500, an amount earned from the Conservation Futures fund for trail easements that will be donated back to the city. Another $288,000 is coming through the city’s lodging tax funds.

“We’ve been doing our homework about a capital campaign, and working on a funding strategy to raise private and foundation dollars as a match for state grants such as the Heritage Capital Project Fund (HCPF). We did apply for a HCPF grant of $500,000 for the 2017-2019 biennium, but it requires a match of two to one to begin the first phase of restoration,” said Behrends Cerniway.

Above: Local naturalist Nancy Partlow of Tumwater holds barn owl pellets on a tour of the Old Brewhouse property and the tower in October 2014. Partlow documents and contributes many of her observations on a local blog, Bees, Birds & Butterflies, at www.olypollinators.blogspot.com and has known about the owls in the tower for many years.

“It's a perfect setup for them, protected, but with open and easy access to prey. Their nests are simply scraped together regurgitated owl pellets, which are the fur and bones left over after the rest of its prey has been digested. Nature's recycling at work, but also an interesting way for owls to raise young, on the remains of their victims,” says Partlow. 

For more interior and exterior pictures and information about the Old Brewhouse, Tumwater, the planned action for the historic property, George Heidgerken, Falls Development LLC, stop work orders, groundwatering monitoring, and other issues related to the property, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.

For the benefits of owls in Washington and providing for them, go here: http://wdfw.wa.gov/living/owls.html

Owl nest box designs:  http://wdfw.wa.gov/living/projects/barnowl.html

Cornell Lab of Ornithology has a page on installing barn owl nest boxes:

 http://nestwatch.org/learn/all-about-birdhouses/birds/barn-owl/

For more about the Migratory Species Act, go to: https://www.fws.gov/birds/management/managed-species/migratory-bird-treaty-act-protected-species.php

Tumwater Now Owns Old Brewhouse Tower

Above: The City of Tumwater acquired the historic Old Brewhouse tower from owner George Heidgerken and his development company, Falls Development LLC, on April 29. Photo of the tower taken in October 2014.

By Janine Gates

www.janineslittlehollywood.blogspot.com

Blow the whistle for all to hear! The City of Tumwater, at long last, now owns its historic, 110 year old Brewhouse tower.

City of Tumwater Mayor Pete Kmet announced at Tuesday evening’s council meeting that he met with Old Brewhouse owner George Heidgerken on Friday, April 29, who signed a letter of agreement, thus turning the tower over to the city. 

At a February 16 public hearing about a proposed planned action land use ordinance, Heidgerken suggested the possibility of “donating” the tower to the city. 

A 14 point letter of agreement was drafted, creating a separate land parcel which includes the Old Brewhouse and necessary easements for site access and utilities, and a public trail and boardwalk. Other points of the letter provide economic incentives for Heidgerken to get to work on the rest of the brewery property. 

The Old Brewhouse is a historic landmark, and was placed on the National Register of Historic Places in 1978. The structure has been on a watch list by the Washington Trust for Historic Preservation.

Kmet thanked staff for their hard work in sealing the deal, calling the actual signing of the paperwork a bit “anti-climactic.”

Kmet said that arrangements have already been made for the tower’s security and insurance. City staff are in the process of applying for a state grant for the tower’s restoration and working to identify other prospective funding options.

“I think it will go down as a memorable and historic moment, having the building now in public hands….We’re obviously going to need help from the community…to start a capital campaign to restore the tower,” said Kmet.

The acquisition committed the city to rehabilitation of the structure which is estimated to cost about $5.6 million.

Also at the meeting, council passed the final version of a Brewery Action Plan. Councilmembers last looked at it in June 2014, and recently added two new sections that include the Old Brewhouse tower and the efforts around the creation of a multi-faceted regional craft brewing and distilling center.

The last whistle blew at the modern brewery in 2003. Ever since, redevelopment of the brewery properties has been a city priority.  As part of a visioning process, the city hired a brewery project manager, assistant city administrator Heidi Behrends Cerniwey, to foster economic development and partnerships. 

Recent ownership changes of the modern brewery south of Custer Way, the passage by council late last month of a master plan for the 32 acre historic site north of Custer Way, and the acquisition of the Old Brewhouse tower all indicate that Tumwater could be on the verge of change.  

“…Everything seems to be incremental…the additions and accomplishments give me goosebumps because we’re doing good stuff. We have a very bright future,” said Councilmember Nicole Hill.

For more information about the Brewery Action Plan, the Old Brewhouse and the terms of the letter of agreement, the Planned Action for the historic property owned by George Heidgerken, groundwater monitoring, and other Tumwater land use and transportation issues related to the brewery, go to www.janineslittlehollywood.blogspot.com and type key words into the search button.

Above: Inside the Old Brewhouse tower, looking from the third floor down to the second floor and the first floor. Photo taken in October 2014. 

Tumwater Acquires Historic Tower

Above: Brambles hang from an archway window of Tumwater's historic Old Brewhouse. City of Tumwater councilmembers entered into an agreement with owner George Heidgerken and his company, Falls Development LLC, to take ownership of the six story tower that is the visual symbol of Tumwater. Photo taken in October 2014.

By Janine Gates

www.janineslittlehollywood.blogspot.com

Tumwater city councilmembers approved a letter of agreement between the city and Falls Development LLC at a public hearing held Tuesday evening to acquire the six story, historic tower that is the symbol of Tumwater. 

The tower is currently owned by developer George Heidgerken and his company, Falls Development, LLC.

The acquisition commits the city to the rehabilitation of the Old Brewhouse structure with an estimated cost of $5.6 million. The acquisition includes easements to access the property and construct trails.

The city will now embark upon a historic preservation strategy that will include finding funding grants and partners to protect the building, and create trails. 

Rushing through the public process, the draft letter of agreement was publicly available and posted to the city’s website on Friday afternoon. Corrections to the letter of agreement were made at the hearing, including sections quoted by Little Hollywood in its story posted April 1.

Details were not reviewed by councilmembers in a work session or council meeting prior to Tuesday evening, leading them to ask questions and learn new information during the public hearing.

Jim Cary of Cardinal Architecture presented information about the tower which is an unreinforced masonry structure. He said it works well when dry, but when wet, and in the process of freezing and thawing, the mortar is loosened. The tower is highly exposed to the elements.

A temporary preservation plan estimated to cost $425,000 would provide immediate protection due to the building’s rapidly deteriorating condition. Cary recommended skipping that step and moving on to the $1.6 million dollar phase that provides more permanent protection, puts a roof on the structure, provides ventilation to keep the building dry inside, repairs the mortar, and cleans up and removes hazardous elements.

This work and financial amount is included in the final $5.6 million dollar cost that prepares the tower for an intensive seismic retrofit plan.

Construction management is not included in the cost.

Comparisons of the historic tower to the Space Needle and the Smith Tower in Seattle, Crusader castles, castles on the Rhine, and the Statue of Liberty were eloquently and persuasively made throughout the evening.

Several members of the public spoke to the proposed letter of agreement, some in favor, some not.  

More than one person was suspicious of the city working with Heidgerken, a developer with a history of committing environmental offenses, even on this property. 

All considered the tower to be a regional asset and a regional responsibility. All councilmembers spoke to the issues.

Councilmember Joan Cathey abstained from the final vote, saying the draft agreement letter was vague. She said she counted five places where it says the city will have “future negotiations,” with the developer.

“I’m not saying I’m against it, but it’s a leap…I don’t think the city is ready to take on this project…I don’t feel totally good about it. I have concerns. We’re financially stepping out farther out on a limb than we ever have before,” said Cathey.

She also wondered why there was a rush to sign the letter of agreement.

Answer: Once the tower is in the city’s hands, the city is eager to take advantage of this current cycle of state heritage grant funding. Applications are due May 19. If the city doesn’t meet the deadline, or does meet the deadline and doesn’t get a grant, then they will have to wait another two years to apply.

Councilmember Nicole Hill questioned a point in the letter that states that the city will pursue funding for a pedestrian bridge across the river to the property. She thought, as did several members of the public, that that idea was taken off the table as unfeasible in the Planned Action land use scenarios currently under consideration by the council. Another public hearing for that process is April 19.

Assistant city administrator and brewery project manager Heidi Behrends Cerniway said the city didn’t include the bridge in the Planned Action environmental impact statement because it was not detrimental, adding that it is not an entirely impossible concept further in the process. Whether or not the answer was satisfactory, Hill voted for the purchase of the tower.

Councilmember Ed Hildreth was absent. Mayor Pete Kmet said Hildreth told him he would vote against it. There is no provision in Tumwater rules that allow voting by correspondence or proxy. A telephone vote requires full capacity to hear the meeting, so Hildreth’s opinion was not counted.

Under Tumwater’s type of council structure, the mayor does not vote. Mayor Kmet said that nothing we do is without risk and if he could vote, he would vote yes.

Staff said the structure could ultimately be a museum, brew pub, offices, or an outlook, depending on the adjacent activities in the other buildings that are currently owned by Falls Development LLC.

Calling the finer points in the letter of agreement with Falls Development “incentives,” the letter of agreement is seen by some as a giveaway to Heidgerken and his company. The agreement offers Heidgerken the right of first refusal for the actual use of the building.

Heidgerken has owned the property for several years. To help move him along, the letter of agreement says the city will negotiate future agreements to share proportionate costs of construction for the utilities and access road necessary to rehabilitate the Old Brewhouse.

It is also offering to reward him with one million dollars for infrastructure improvements if he files a complete building permit application for the warehouse building by January 1, 2019 and obtains a certificate of occupancy by January 1, 2021.

During public comment, Donovan Cathey spoke, saying he grew up in Olympia. His father and grandfather retired from the Brewery.

He said he wanted to see the tower stay but urged the council not to make a decision that evening, expressing concerns that partnerships may not pan out. He said the agreement was full of contradictions and inconsistencies. 

“…Reconsider transferring liability from the owner to the city. Is it really the city’s responsibility to take on that liability? If the private sector thought it should be done, they would have….”

Cathey said he represents the Tumwater firefighters union and a higher city priority is making repairs to two fire stations.

Rob Kirkwood, president of the Old Brewhouse Foundation, says the process to obtain the tower has been a rollercoaster ride.

“Today it feels like we’re on top,” he said. He said the city is making progress, and while the Foundation supports Tumwater acquiring the tower, it has concerns.

Describing the area’s history and use for thousands of years, he said the area deserves a high level of protection beyond what maximizing the return on financial investment can provide. He called upon the council to sign the agreement and form an interjurisdictional group to finance and manage the facility.

Kirkwood said the Foundation has been recruiting volunteers and has received offers for donated crane services from Snell Crane, engineering services from McSquared, and possibly window restoration work.

Several spoke to the environmental assets of the property which will be ruined if Heidgerken gets his way and is able to build a 1,000 vehicle parking garage into the hillside behind the brewery.

Gretchen Christopher Matzen says she grew up on Governor Stevens Avenue and learned to swim in the Deschutes River near the brewery. She said the brewery needs the backing of the trees, and called the view breathtaking. She questioned the lack of details in the agreement and suspects that Heidgerken will take advantage of the city’s preservation of the iconic tower to promote his own development.

“I’m wondering why the developer couldn’t afford to preserve it himself,” she said.

Heidgerken was not present at the hearing.

Jon Potter, representing Falls Development, said that the property was not purchased with the idea that this was a business opportunity. He says Heidgerken lives in Chehalis and is on site every day and that a developer, and characterizing Heidgerken as one, is a misnomer.

“If you can’t have the lending industries support your ideas, your vision, you can’t develop…The property has to pencil out….Lending institutions need to see how they are going to get paid back by lending money for a project…obviously, we can’t demonstrate that today….”

He said that a public-private partnership would create a joint vision to restore the historic complex to its original grandeur. He painted a pretty picture: 

“…That’s the vision of George Heidgerken…that’s the goal… and it’s a tremendous tribute to what the city has done....There’s an opportunity to represent the entire craft brewing industry… in the State of Washington. And through the city’s efforts, the opportunity is to create a craft brewing center....The tower is emblematic of that effort. It is the cornerstone for that to happen. So there's an opportunity to go beyond just the restoration....It's much bigger than just the City of Tumwater, more than the region. It's a statewide initiative,” said Potter.

At that point, Councilmember Oliva jumped in, asking if Heidgerken is willing to be the host of a craft brewing and distilling center.

“That was something I had not heard before,” said Oliva.

“Absolutely. Anything that can be done to support the funding that is absolutely necessary to restore the structure is on the table....Wouldn’t it be neat if you could put those buildings back into use for what they were originally designed for? Then you’d have national recognition,” said Potter. 

Judging by the clucking in the audience, maybe that was going too far.

After all, at one point in the hearing, Heidi Behrends Cerniway said she was out at the property just that day.

“It is still salvageable, but it won’t be like that forever. From last year, it’s changed significantly.”

For more photos and information about the  Old Brewhouse, Tumwater, George Heidgerken, the stop work order, groundwater monitoring, and the proposed planned action for the property, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words in the search engine.

For more information from the City of Tumwater, go to their website at www.ci.tumwater.wa.us.

Above: A new window of opportunity has been opened for the Old Brewhouse Tower. Photo taken October 2014.

Tumwater in Negotiations with Heidgerken to Obtain Old Brewhouse Tower

Above: The historic Old Brewhouse in Tumwater as viewed from the former keghouse in October 2014. The City of Tumwater is seeking public comment on a final environmental impact statement for a planned land use action for the 32 acre property owned by George Heidgerken. The city is also in negotiations with Heidgerken to obtain the 110 year old, six story tower. 

Planned Action Conversations Continue, Another Public Hearing to be Scheduled Soon

By Janine Gates

www.janineslittlehollywood.blogspot.com

After a lengthy conversation at their Tuesday night work session, Tumwater city councilmembers agreed to hold another public hearing on the planned action land use ordinance for the historic Old Brewery area.

The hearing will be scheduled soon, and no decisions about the property will be made at their next council meeting.

City administrator John Doan also acknowledged that the city is indeed in negotiations with Old Brewhouse owner George Heidgerken about the historic, six story tower.

Doan said that it makes economic sense for Heidgerken to give up the tower because it is in the worst shape with the least amount of square footage of any building on the property.  

“If we acquired it somehow, how much would that cost? (For Heidgerken) to develop, it doesn’t have a lot of value. It’s in a tough spot…it’s an expensive building…with not a lot of return. There are certainly a lot of business reasons why he would want to turn that over to the city,” said Doan.

Doan suggested that the council create a developer’s agreement that would clarify the parameters of the arrangement. That agreement would most likely look like a deed to transfer ownership and some piece of land in the form of an easement so the property could be accessed.  

If obtained by the city, Doan said, the tower could be the impetus for obtaining state grants and future fundraising opportunities to restore the tower, independent of what Heidgerken does with the rest of the property. 

Doan later told Little Hollywood that he hopes to have an agreement with Heidgerken within a couple of months.

Councilmembers agreed to hold a public hearing about the city’s possible acquisition of the tower separate from a public hearing on the proposed planned action land use ordinance.

“It would be a big step for the city. The desire to acquire (the tower) is an opportunity again at long last. There would be a lot of good to have people comment on it,” said Councilmember Tom Oliva. Oliva is a co-founder of the Old Brewhouse Foundation, a local nonprofit formed in 2008 that seeks to acquire, restore and provide public use of the tower.

At a February 16 public hearing about the proposed planned action land use ordinance, Heidgerken dangled the possibility of donating the tower in front of the council, which gave the appearance that he was doing so in exchange for the council’s approval of his desired full build out land use scenario for the 32 acre property.

Public comments since the hearing have urged the city to secure a commitment from Heidgerken in writing first, then move forward with a land use decision, if what he was offering was a legitimate option.

Above: The 400 page Final Environmental Impact Statement (FEIS) for the proposed planned action land use ordinance for the Old Brewery property welcomed each councilmember at their work session meeting on Tuesday.

New Information about Planned Action

Staff also came prepared for Tuesday's work session with a new, draft 10 page supplement to the 400 page Final Environmental Impact Statement (FEIS) for the proposed planned action land use ordinance.

The document called Exhibit C clarifies the scope of what the planned action is approving and made the restoration and preservation of the existing historic structures along the Deschutes River as part of the plan. 

Councilmembers Joan Cathey and Nicole Hill in particular asked many questions about the implications of a planned action, and requested that a developer’s agreement be written that would ensure that some kind of phasing process would prioritize public amenities, should the developer bail on the project.

Councilmember Hill said she still had a hard time grasping the fact that the property owner could rearrange the proposed uses for the property within the footprint allowed. She suggested that parking be placed up near the RST Cellars Building.

Doan admitted that the proposed 1,000 vehicle parking garage where it is currently proposed in the hillside would obstruct views to and from the historic Schmidt House and that its environmental impact that has not yet been assessed.

Doan also said that it is always a possibility that a developer could bail mid-way through a project but expressed confidence in Heidgerken.

“I think if he gets started down there, that he’ll finish….”

Councilmember Cathey said she is uncomfortable approving the project up front without knowing the full description.

Councilmember Debbie Sullivan said she sensed fear and anxiety by fellow councilmembers that she couldn’t grasp.

“When we get into these processes, there are no absolutes. I think there’s checks and balances in the whole process...I don’t think it’s going to be an out of control project. Are we ever going to be able to control 100 percent of everything? I don’t think so,” said Sullivan.

She said the conversation would be different if councilmembers were talking about the modern brewery properties, which was how it was originally envisioned. Sullivan said she is looking at this project holistically as an opportunity for making Tumwater more economically attractive to investors.

Councilmember Hill responded that she didn’t think she was commenting out of fear, but was responding to all the public comment and trying to ask appropriate questions. 

Councilmember Cathey responded that she too didn’t feel fearful, but felt profoundly protective of the culturally and environmentally sensitive property.

Mayor Pete Kmet acknowledged it was a challenging project and said that to make the area work, a residential component is needed. Since the construction of a new building was nixed by staff as unfeasible, Kmet suggested that a part of the warehouse could be “torn off” to create condominiums.

“…We already know through the marketing analysis that this is a challenging project. To do anything down there will cost a lot of money and anything we can do to streamline that is going to increase the chances that something will actually happen to preserve it….If we end up being successful in acquiring the tower, having this (planned action) done allows us to move ahead with preservation. If we don’t, we’re back to square zero and doing this process again….” said Kmet.

For more photos and many past articles about the Old Brewery, George Heidgerken, the stop work order imposed upon Heidgerken for environmental violations at the site in October 2014, groundwater monitoring, the Old Brewhouse Foundation, historic preservation, and the planned action land use alternatives currently before the Tumwater city council, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words in the search button.

For more information about the Final Environmental Impact Statement and Exhibit C, Supplement to Tumwater Brewery Planned Action, or to provide public comment, contact Chris Carlson, Permit Manager, City of Tumwater, 555 Israel Road SW, Tumwater, (360) 754-4180, ccarlson@ci.tumwater.wa.us, or City of Tumwater councilmembers at council@ci.tumwater.wa.us

Old Brewhouse Planned Action Decision Postponed until March 15

Above: The historic Old Brewhouse sits near the Deschutes River in Tumwater. Aerial photo taken in late December 2014. The presence of a proposed 1,000 vehicle parking structure located behind the brewery would wipe out the treed hillside containing legendary artesian springs, and its height could dwarf or wall off views to and from the historic Schmidt House, seen at upper right.

By Janine Gates

www.janineslittlehollywood.blogspot.com

A public hearing by the Tumwater City Council on a proposed mixed use planned action ordinance for the 32 acre area around the historic, regionally beloved Old Brewhouse was held February 16.  Due to the illness and absence of three councilmembers, no action was taken.  

A follow up work session was held February 23. Another work session on the issue is scheduled for March 8 at 5:30 p.m.,Tumwater Fire Department training room, on Israel Road. Public comment is not allowed at work sessions.

The subject has been placed on the Tumwater city council agenda for consideration at their March 15th meeting at Tumwater City Hall. That meeting starts at 7:00 p.m.

Public Hearing

Kicking off the discussion on February 16, several members of the public and property owner George Heidgerken addressed the council.

Among three land use scenarios, Heidgerken and his project manager, Jon Potter, desire a full build out of the property to include housing and a 1,000 vehicle parking garage. 

The proposed garage would be several stories high and built into the hillside that contains the legendary “It’s the Water” artesian springs that attracted Adolf Schmidt in 1895 to build his brewery on the shore of the Deschutes River.  The brick brewhouse tower that is the symbol of Tumwater was built in 1906.

Potter said that the planned action final environmental impact statement was well written.

“There is a level of development that’s necessary in order to do the restoration work and get the financing necessary to do the restoration that we all want to occur on that site to bring it back to its original grandeur. That build out scenario is necessary in order for us to achieve that goal,” said Potter.

Councilmember Joan Cathey said her research indicates that eight out of ten planned actions used statewide were disastrous to the environment.

“This is giving - deciding - what we’re going to allow when we don’t even know what it is….I feel really emotional about this…this does not seem like the place for density when you can’t even get a vehicle down the hill,” said Cathey, who added that she couldn’t even imagine a 1,000 vehicle garage behind the Old Brewhouse.

The exact height of the garage is undetermined.

When Cathey asked Mayor Pete Kmet when it was decided as a city that this was going to be a planned action, Kmet did not directly respond, but said that this is the first time it’s ever been done in Tumwater.

Chris Carlson, city planner and permit manager, said that the intent of a planned action is to have a detailed environmental analysis conducted ahead of time to streamline the permit review process and is more often used in subarea plans. 

Developers like planned actions because they reduce the overall costs for the project and provide predictability in the process. 

A key sticking point for environmentalists is that planned actions are not subject to State Environmental Policy Act appeal procedures. Their use essentially reduces or eliminates the possibility of legal challenges to individual projects within a study area.

Councilmember Nicole Hill expressed concern that there was nothing in the ordinance that would prevent the owner, George Heidgerken, from destroying the iconic tower.

“I was expecting to see how the tower would be protected and restored…I want assurances for the community,” said Hill, who also mentioned the need for public access and trails.

Councilmembers expressed the importance of balance between restoration of the Old Brewhouse and new development, noting that the tower is deteriorating by the day.

Councilmember Tom Oliva said he is in favor of the full build out scenario and expressed confidence that Heidgerken can develop the property with sensitivity. 

Councilmember Eileen Swarthout agreed with Oliva and thought the council could craft a vision in a way that would be pleasing to the public.

Carlson said the ordinance could be reworked. After extended discussion about how the public could weigh in, Carlson suggested that the council could have another public hearing. That possibility was left up in the air.

In a surprise, rambling comment, Heidgerken mentioned that he is in conversations with the city to donate the tower to the city.

“…That probably will happen because it’s the right thing to do. On projects like this, you’ve got to do a lot of that ‘right thing to do stuff’ because projects like this add up very quickly….Projects like this can take up $150 million in no time at all and you don’t know when you start these things that that’s going to happen….The old Custer building (the RST Cellars building) in a lot of ways looks like hell. It’s a building that needs to stay. It needs to look like it fits in – that means brick it….If we don’t make this site look good…we’re going to darn well wish we did when we’re done, and our intentions are to do that….” said Heidgerken.

Neither councilmembers nor staff elaborated about these conversations with Heidgerken.

In October 2014, the City of Tumwater issued a stop work order at the site after Heidgerken was found to be illegally filling in wetlands and grading a road at the site without permits. Heidgerken has a history of committing environmental offenses.

The stop work order was lifted when Heidgerken was issued a permit in September 2015 to begin groundwater monitoring. The permit allows his company to place 644 cubic yards of fill in the vicinity of the southeast corner of the Old Brewhouse building. Groundwater monitoring is required as part of soil remediation work associated with a paint shop that was formerly in this area.

Heidgerken has yet to start work, said city staff.

Above: The six story Old Brewery tower is in severe disrepair. Several areas are roofless and exposed to the elements. Photo taken from within the tower in October 2014.

Discussion Continued at February 23 Council Work Session 

The conversation continued at a council work session Tuesday evening. At both the February 16 and 23 meetings, the written comments by Tumwater resident Nancy Partlow were mentioned by councilmembers. 

“I see very little in the final environmental impact statement (FEIS) that reflects an imaginative or creative vision for redevelopment of Tumwater’s most iconic site.  What’s being proposed are the same highly impactful, highly engineered solutions to perceived problems that would be proposed for any other property in the city. There is nothing here that acknowledges, honors, or works with the very special cultural, historical, or natural features of the area,” wrote Partlow.

“What would these buildings look like on-site and in relation to the current buildings? How would the currently-treed hillside south of the Old Brewhouse buildings and north of the Schmidt Mansion change in appearance with the building of a parking garage, condos and a new access road? How would the view north from the Schmidt Mansion site be impacted by a parking garage being built on the hillside below?  Would the roof of the new structure dominate the foreground of the view?   

“To say that the loss of the hillside trees, which are growing in highly challenging circumstances on steep slopes and rocky substrate, can be mitigated by Tumwater’s Tree Protection Ordinance, or the forest restored in any meaningful way or length of time, is highly questionable….These hillside springs and seeps have been a natural feature of this site from time immemorial. It was this fresh water that drew Adolf Schmidt to the site to make his beer. They are also an important component of Tumwater’s nearshore environment. 

“I ask the council to deeply ponder whether the mitigations proposed in the Final EIS are sufficient to counterbalance the substantial impacts an urban-intensity development would have on that older site history, and upon the beautiful, quiet natural area that currently exists,” wrote Partlow.

Sharron Coontz attended Tuesday night’s work session about the Planned Action EIS and submitted written comment to the mayor. 

“A Planned Action EIS is a dangerous tool. It allows the developer incredible flexibility.  After the project is underway, changes can be made that have environmental impacts never considered in the original EIS.  Developers in the past have stated that these changes are covered since they’re working under the aegis of a Planned Action EIS.  Hearing examiners have upheld that claim,” wrote Coontz.

“It completely negates the rights of citizens. If no one appealed the original Planned Action EIS, seeing no serious danger listed in the environmental impact section, then hearing examiners have said that none of the individual projects can be appealed as they arise. Changes can be made to the original project and citizens are helpless, with no legal recourse.

“We’re discussing an iconic, historic site, important to many of us who, like my family, have generations-long roots in the area….No developer should be given the leeway allowed in a Planned Action EIS, and certainly not one with Mr. Heidgerken’s track record,” wrote Coontz.

Speaking of flexibility, city staffer Chris Carlson said that, indeed, the specific uses identified within the planned action area, such as the proposed condominiums and restaurants, could be switched around within the footprint of the site.

Discussion centered on the size of the proposed 1,000 vehicle parking structure. Councilmember Nicole Hill said that the tower should be the centerpiece and the design of the garage would seem to overshadow the tower’s appearance.

Mayor Kmet and Councilmember Hill asked staff to reorganize the documents comments in a searchable format that allows councilmembers and the public to better read the impacts and the proposed mitigations.

To see the final planned action environmental impact statement, go to http://www.ci.tumwater.wa.us/home/showdocument?id=8603. To search the document, save it to your desktop or other preferred folder and then open it up with Adobe Reader and search. For more information, contact Chris Carlson, City of Tumwater, (360) 754-4180 or ccarlson@ci.tumwater.wa.us. The proposed ordinance is No. O2016-003.

Editor's Correction, February 28: The following quote should have been attributed to Nancy Partlow, not Sharron Coontz: 

“....The developer should work with the site’s natural elements to make this project not only environmentally and ecologically 'sensitive' but a model to others for how it can be done. This is an opportunity to do things differently, in a truly special and unique way. I am not seeing that in this document.”

For past stories about Tumwater, the three planned action land use alternatives for the Old Brewhouse property, George Heidgerken, the stop work order in 2014 and related stories and photos, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.