Decision pending on downtown building

A decision regarding the structural status of the former Gambles building in downtown Aurora was postponed June 24 because city officials had not yet received an engineering report needed to help determine if it should be declared a dangerous building.
A large portion of the northeast wall of the building located at 1118 13th St. on the east side of the downtown square fell to the ground in the early morning hours of June 19, prompting city officials to block off the alley to prevent through traffic. Neighboring property owners were also advised to use caution, pending the results of an engineering study.
On Saturday, just before 5 p.m., Shaun Williams, whose mother Susan owns Susan’s Book Store next door, happened to be filming the building when a portion of the east wall came crashing down. That video can be seen by scanning the attached QR code.
A public hearing was scheduled June 24 which drew the building’s owner, Stan Valasek, as well as neighboring property owners. However, no decisions could be made or actions taken because Jason Suelter, a structural engineer with Vector Structural Design, was not able to complete his report in time for the meeting.
“We’re trying to be both proactive in terms of protecting property rights, as well as adjacent property owners, as well as the community,” said Mayor Marlin Seeman. “I understand the public safety side and understand the risk factors. The curse of an antique building is that it’s a very antique building, and it’s very worrisome.”
Michaela Robertshaw-Garrett spoke up during the public hearing, voicing concerns with the possibility of the damaged wall falling down onto the roof of the building directly to the north, which she and her husband Chad recently purchased.
“We just purchased that building and have put a lot of money into renovating it with plans to put my office there,” she said. “It’s scary. I would ask that the city expedite a special meeting (once the engineering report is submitted). Also, as an insurance agent, I see the liability issue. It doesn’t look good up there and you just don’t know where it’s going to fall. There are businesses on both sides that are going to be affected.”
Valasek, who has owned the former Gambles building for many years, listened throughout the public hearing, but did not speak.
City Attorney Ross Luzum was asked to explain the city’s options in addressing the situation, which had a heightened sense of urgency due to the large crowds expected to be in the downtown area for A’ROR’N Days.
“The process is set out in state law and city code is that city engineers make an inspection of the building and make a determination whether or not it falls under the dangerous building provisions as defined under city code,” Luzum said. “If that’s the case, the inspector then notifies the property owner, posts (notices) on the building and makes a report to the city council.
“Unfortunately, we don’t have that report back at this time, so that’s where we’re at right now,” he continued. “In anticipation of having that report here in the next day or two, sometime this week, we’ll need city officials to evaluate what is contained in that report.”
Luzum noted that a public hearing could be held on short notice, using emergency protocol which allows the city to post a meeting notice on the internet if necessary. City officials had not received the report as of Monday.
“It’s certainly a balancing act between property rights and public safety,” Luzum continued. “The city is a government entity and so we’re trying to do our best.”
When asked who will cover any expenses involved with addressing the building’s structural status, Luzum explained the legal process involved.
“If it is determined to be a dangerous building, the city will instruct the owner to demolish, renovate or vacate, depending on the report,” he said. “It could be an immediate situation and if the owner fails to do that then the city has the authority to come in and do the work itself and assess the cost to the property owner. I know most communities deal with it through the LB 840 sales tax, which we don’t have, so this council will have to make some hard decisions.”
By June 25, city officials had placed barricades in front of the building and put up snow fence and “Do not enter” signs in the alley to prevent anyone from trying to enter the area.
City Councilman Wayne Roblee noted that there is precedent with this type of situation, recalling an incident several years ago when a portion of the back wall of the Temple Craft building, located on the northwest corner of the square, fell to the ground.
“At that time, they told us what people in the adjacent buildings and that building could do and could not do as far as getting in there and removing their stuff, and businesses that were adjacent to it on either side whether they could be open and people would come and go,” he recalled. “We anticipated that this would be the same thing here and when we had the inspector out on Thursday it was requested that we have that information by Tuesday, by today. Unfortunately, that didn’t happen, but the minute that we do get that information back … we will get that information out to the community in hopes that we can take care of this property.
“It’s very unfortunate that this happened at any time, not just during A’ROR’N Days, but any time,” Roblee concluded. “But we’re going to have to follow the legal guidance that we have and the information that we get from the people that are in charge, which would be the building inspector and the fire marshal. We hope to do that very quickly.”