Council gives mayor authority to negotiate sidewalk balcony license for downtown property

The Tahlequah City Council voted to give the mayor authority to negotiate an agreement with a property owner to construct a covered walkway/balcony over the public sidewalk at 334 North Yosemite Avenue, in downtown Tahlequah.

City staff said the city code permits construction on the city right-of-way with council approval. The owner presented drawings, neighborhood support and financial commitments for exterior rehabilitation; he said the proposed covered walkway would improve safety, aesthetics and the usability of two apartments that now lack a safe front entry.

City staff and the owner discussed engineering constraints. Two engineers reviewed the building and advised that a single cantilevered post design would require reengineering the existing structure and likely be cost-prohibitive; staff and the owner said the preferred design uses two ground-supported posts and ballards at the curb to protect the structure. The draft agreement requires the property owner to indemnify the city for injuries tied to the structure and to ensure that any successor owner is bound by the license or remove the structure.

Councilors asked that engineering plans and building-permit approvals be provided during the permitting process and debated a five-year protection clause requested by the applicant. Several councilors expressed support for downtown investment but also concern about tying the hands of future councils; the motion that passed gives the mayor discretion to negotiate terms but directs that final agreement come back to the council for approval.

Council recorded recorded yes votes for the motion to authorize the mayor to negotiate and return the agreement for council approval: three councilors voted yes. Staff said they will begin negotiations with the mayor and expect permit and engineering review to follow if the council ultimately approves a final agreement.