Council tells property owner to remove decorative wall on city land, staff to pursue maintenance agreement for landscaping

City staff told the Draper City Council on Jan. 6 that a private property owner had added a decorative wall and landscaping onto approximately 5,000 square feet of city-owned land at the southeast corner of 3rd East and Pioneer without permission. Staff said utilities located under and near the parcel (Enbridge and utility lines) raised clearance concerns for some trees and features.

Staff outlined three options: require complete removal of the improvements; allow improvements to remain subject to a maintenance and liability agreement with the owner; or permit landscaping and irrigation to remain while requiring the decorative wall's removal. Staff emphasized the potential enforcement problems a permanent decorative wall or future signage could create on city right-of-way.

Council discussion noted prior instances where the city had required removal, or occasionally sold small parcels when feasible, and members expressed a desire to avoid setting a precedent that allows private signs or permanent structures on city land. Several council members favored allowing the landscaping to remain if the adjacent property owner signs a maintenance and liability agreement and commits not to place signage on city property.

Council direction: staff was asked to return with a maintenance-and-liability agreement template and to pursue removal of the decorative wall while exploring an arrangement that would permit the landscaping and irrigation to remain and be maintained by the adjacent owner.

Next steps: staff will contact the property owner, coordinate with utility companies about necessary vegetation clearance, draft a maintenance/liability agreement, and return to the council with recommended language.