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Council favors leasing, not selling, city strip next to low sewer station after survey reveals encroachment

3192521 · May 5, 2025
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Summary

A survey showed a homeowner's fence sits past the property line onto city land next to a low sewer station. Council members recommended drafting a lease rather than selling the land and said they would not allow a permanent building over critical sewer infrastructure.

Council members discussed a parcel of Hooper City land adjacent to a low sewer station at approximately 4600 South and 6300 West after a property owner's survey showed his fence and yard extended onto city property. Staff told the council the owner had used the area for about 17–18 years believing it was his land.

Staff recommended, and council members agreed by consensus in the work session, to pursue a lease approach similar to other city leases rather than selling the parcel. Council members emphasized the city's interest in retaining ownership because the site contains a critical sewer lift station and the city may need the area in the future. The council discussed provisions that would forbid permanent structures on the leased strip and allow the city to reclaim the land with notice; staff suggested a driveway or removable gravel improvements could be permitted under a lease.

During the public comment period, Trey Thalman spoke on behalf of property owner J.R. Ames and asked the council to allow the owner to continue using the ground; the council confirmed the topic had been addressed in the preceding work session and encouraged the owner to coordinate with Council member Wilcox for next steps.

Ending: Staff was directed to draft a lease agreement modeled on existing Hooper City ground leases that allows the resident to continue using the area while preserving the city's ability to require removal if the land is needed for sewer operations; no sale was approved.