CY09-26

Request of Brett Skilbred for the vacation of a portion of Lind Street. The subject property is described as all that part of Lind Street located west of 8th Avenue and between Block 8 & 9, Columbia Park Addition.

The anticipated date of City Council action will be March 23, 2026. 

The applicant is Brett Skilbred.

The applicant is requesting the vacation of a portion of Lind Street.

The subject property is described as all that part of Lind Street located west of 8th Avenue and between Block 8 & 9, Columbia Park Addition.

The subject property is currently a vacant public right-of-way.

The subject property is zoned R-3, Limited Multiple Dwelling District.

A portion of the subject property was included as part of an approved Land Use Plan Amendment. City Council approved the LUPA on May 12th, 2025 (CY14-25). The LUPA amended the land use of a portion of the subject property from Light Industrial to Medium Density Residential.

The subject property contains environmentally sensitive areas as it includes bluffs / areas of slope. The Mankato City Code defines "slopes" as areas identified on the official city environmentally sensitive areas map as having a slope of 17.6 percent or greater. 

The subject property has not been evaluated for wetlands.
 

Public utilities will be available to the subject property following completion of the Germania Park Phase 5 Capital Improvement Program (CIP) projects. 

Mankato City Charter Section 10.04.a. Provides procedures for the Vacation of Public Ways, Streets and Alleys. Linked Here: 
https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=PTICH_CH10MIPR_S10.04.AVAPUWASTAL

Mankato City Code Chapter 10, Article XII, Division provides Design Standards for subdivisions that the subject property will be subject to at the time of replatting: 
https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=PTIICOOR_CH10LAUSDE_ARTXIISUDEREPL_DIV3DEST

Mankato City Code Chapter 10, Article II, Division 5 provides the R-3 Limited Muliple Dwelling District standards:
https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=PTIICOOR_CH10LAUSDE_ARTIIREDI_DIV5LIMUDWDI

The Site Plan and Traffic Committee reviewed the request at their February 10th, 2026 meeting and the following comments were provided. The applicant subsequently replied, as shown in the italics:

1. Applicant shall provide sign-off signatures from all relevant utilities (currently missing signatures from: CenterPoint Energy, Metronet, Sprint, and Zayo Group) prior to affixing signatures to the Lind Street vacation resolution. Applicant response:    Centerpoint attached. I have attempted multiple times to reach Zayo, Metronet, and Sprint with no luck. Metronet’s local assets were acquired by Fidium and Sprint was sold to T-Mobile.  
2. Applicant shall work with Xcel Energy and any other utility companies for the following. Applicant's response: Xcel has indicated that the Lind Street right of way is no longer necessary, and thus an easement is not necessary. 
   1. Dedicate a sufficient utility easement to allow continued usage of the Lind St ROW area for utility purposes.
   2. Or, work with Xcel Energy to vacate any existing utilities within the ROW area and relocate them to a suitable location that maintains the necessary level of service. 
3. Applicant shall pay notification fees and any outstanding fees in the online portal, if not already complete. Applicant response: Paid
4. Applicant shall provide a narrative depicting their proposed utility plan as has been agreed upon with Xcel Energy and other relevant utility companies. Relocation of existing utility poles and other services shall be coordinated with the private utility provider. Applicant response: acknowledged. A meeting was held onsite with Xcel on Tuesday, February 17, 2026, and the existing 8th Avenue right of way area will be sufficient for the Xcel infrastructure. 

The applicant, Brett Skilbred, is requesting to vacate the portion of Lind Street described as: All that part of Lind Street located west of Eighth Avenue and between Block 8 & 9, Columbia Park Addition. Bolton & Menk, on behalf of the applicant, prepared an exhibit and legal description of the proposed right-of-way vacation area.
 
The applicant proposes to vacate a portion of the Lind Street right-of-way (ROW) for the purpose of constructing twin-homes within the eastern portion of the vacation area. Without the vacation of the portion of Lind Street, the applicant would not be able to develop the property as proposed. The proposed vacation area is the westernmost extent of Lind Street that was never developed as a roadway. The right-of-way area is currently vacant and is vegetated. 
 
The applicant has notified utility companies and received signatures from a majority of utility companies stating that they do not have utilities within the vacation area and that maintaining the area as public row for utility purposes would not be needed. The applicant was unable to make contact with and get sign-off from Metronet, Sprint, and Zayo Group, and will continue to follow-up until signatures have been provided. A condition has been proposed to ensure the applicant receives sign-off from all relevant utility companies prior to recording the vacation with Blue Earth County.
 
The applicant met with Xcel Energy onsite on Tuesday, February 17, 2026, to discuss the overhead utility pole that was indicated in Xcel's petition response to be near the proposed vacation area. Xcel Energy and the applicant concluded that the utility pole is not within the Lind Street right-of-way and is rather within the 8th Avenue right-of-way. Because of this conclusion, there are no known utilities within the proposed vacation area that require the designation of anything beyond the standard easements that would be dedicated as part of a future platting process. Xcel Energy and the applicant additionally reached a verbal agreement that the existing span guy support pole on the west side of 8^th Ave may be relocated by moving that particular pole to the north, and adding a second span guy pole to the south that will give support to the line that runs to the east. Xcel noted that these poles will need to be on the lot lines, and may assist in distributing power to any proposed future development. 

Development of the vacation area is proposed to occur following the completion of 8th Avenue with the Germania Park Phase 5 Capital Improvement Program project. The provided concept plans show that the applicant intends to construct 11 slab-on-grade twin-homes across an approximately 2.8-acre area, an area that includes the proposed to be vacated portion of Lind Street. 

The proposed concept plan only includes a portion of the proposed vacation area, the portion that is east of the 15’ alleyway that runs north-south through Blocks 8 & 9, of Columbia Park Addition. The remainder of the vacation area, the area located west of the alley, is located within the inactive Jefferson Quarry, and includes a portion of the quarry’s access road. This area does not intend to be redeveloped with the proposed concept plan, but vacation of it would still be necessary with the proposed development to prevent the creation of a disconnected portion of right-of-way. Additionally, in the instance that any conceptual improvements associated with the Jefferson Quarry Redevelopment plan are sought, vacation of said portion of Lind St would be necessary for redevelopment. 
 

Staff respectfully submits the following findings of fact for the requested vacation:

1. The applicant has petitioned to vacate the subject portion of the Lind St right-of-way. 
2. The subject portion of Lind Street proposed to be vacated was never improved as a Public Street following its dedication as such. 
3. The proposed vacation area is no longer needed for public street or roadway purposes, as it was originally intended. 
4. The proposed vacation is necessary for the intended development of the subject parcel. 
5. The applicant has provided notice to the utility companies with a copy of the vacation request and has provided responses from the utility companies. No utility company respondents identified a need for dedication of an easement. 
6. The applicant is responsible for coordination of utility relocation and is responsible for all costs associated with any said relocations. The applicant is responsible for coordination and granting of any new easements, if deemed necessary, for preservation or relocation of the subject infrastructure. 
7. At the time of platting, standard drainage and utility easements will be dedicated along a portion of the right-of-way. 

Staff recommends approval of the vacation of the subject portion of Lind Street with the following conditions:  

1. Applicant shall coordinate with City Staff to address all pre-submittal comments provided to the applicant. The applicant shall address these comments prior to, or in tandem with, submission of future zoning request applications. 
2. The requested ROW Vacation shall not be recorded until such time as there is an agreement between any utility provider and the applicant regarding dedication of a utility easement, or until a documented, definitive pathway to relocation of the utilities has been provided to City Staff.
3. The applicant shall be a willing grantor of any necessary easement in order to maintain or relocate the existing utility infrastructure located within the right-of-way area. The location and size of the easement shall be at the discretion of the applicable utility. 
4. The applicant/property owner shall be responsible for any and all costs associated with re-routing the existing infrastructure to a location that is acceptable to the utility company.
5. The applicant shall receive sign-off from all relevant utilities companies and provide proof of signature to City Staff prior to recording the vacation with Blue Earth County.