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Herington schedules Feb. 17 public hearing on Union Pacific right-of-way vacation
Summary
The Herington City Commission scheduled an updated public hearing for Feb. 17 to consider a petition to vacate city right-of-way in favor of Union Pacific, after staff said key documents and property closings were missing in earlier attempts.
The Herington City Commission voted to schedule an updated public hearing on Tuesday, Feb. 17 at 6 p.m. to consider a petition by Union Pacific to vacate portions of city right-of-way.
City staff told commissioners that prior attempts to place the matter on the agenda were premature because Union Pacific had not completed closings on adjacent property and several supporting documents were missing from the meeting record. As staff explained, “the quit claim deed had the full legals on it, but none of the other documents, the public hearing document, or the vacation petition, or the vacation order,” leaving the commission without a complete record for public review.
Staff also described the city’s current notice practice: the city website is the official legal publication for public hearings and the clerk signs affidavits noting when a notice was posted, which staff said memorializes the publication date. Commissioners asked whether petitioners receive a printed notice; staff replied that the requirement depends on the petition type.
At the meeting an unidentified commissioner moved to schedule the hearing and to authorize the mayor to sign the petition or notice; the motion was seconded and approved by voice vote.
The hearing will give residents an opportunity to review the full set of documents and comment before the commission takes any final action. The commission’s action at this meeting was limited to setting the hearing date and authorizing city staff and the mayor to handle notice requirements.
