Council considers leasing small parcel adjacent to low sewer station after survey reveals encroachment

Hooper City staff told councilmembers that a privately used yard adjoining the city’s low sewer station at about 4600 South and 6300 West encroaches onto city property and that the property owner has requested permission to formalize his use through a lease.

Staff said the fence around the sewer station does not align with the city property line and that the adjacent resident has used the strip of land for years without realizing it was city-owned. The resident asked about building an oversized structure; staff advised that because the parcel contains a critical sewer facility, selling the land or allowing a permanent building would not be prudent. Instead, staff suggested a lease of the strip of land — similar to other small, site-specific leases the city has used along trails and other properties — with terms allowing the city to reclaim the land if needed.

Council members discussed options including permitting driveway access across that strip and drafting a lease with conditions such as no permanent structures. Staff noted some existing city leases run for long terms (some up to 50 years) or are structured so occupants maintain the leased area. The resident has reportedly used the area for 17–18 years.

Council direction and next steps: staff was asked to draft a lease agreement for council consideration that preserves city access and control of the sewer facility. No sale or approval of permanent construction was authorized at the meeting.

Why it matters: the parcel contains city utility infrastructure and any transfer or permanent private use could affect maintenance access and the city’s ability to protect sewer operations.