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Record of Proceedings

Public Works Committee Meeting - August 13, 2026: Review of Right-of-Way Vacation Petition

Council of Commissioners & CommitteesThursday, August 13, 2026
BodyButte Silver Bow, Montana
SessionCouncil of Commissioners & Committees
DateThursday, August 13, 2026
StatusNEW · FILED
Video Record

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Transcript — Verbatim
1:43

Okay.

1:45

Okay.

2:31

Um I would like to call the Public Works Committee meeting August twelfth, twenty twenty six, six thirty PM courthouse council chambers.

2:41

Uh we have one communication on the docket, communication number one, twenty twenty-six-three six eight.

2:47

Will O'Connor, land records coordinator, requested Council of Commissioner to review a petition to close and vacate portions of a public right-of-way that has been filed with the BSB planning department as provided for and within ordinance number three six two and BSB municipal code section twelve zero two zero one zero.

3:22

If he could just come up and give us a brief overview of what's going on and where we're at with this.

5:00

Working with Anthony Roth at Montana Tech, we worked to identify any potential subsidence issues on the lot.

5:06

Through his research, we identified that the primary build site would need to be on the crest of the hill.

5:13

As the as south of that is where below ground workings exist, and further down the hill one goes, the more intense the workings become.

5:21

The access of the lot due to the topography will need to be from from off the alley of platinum, which further necessitates the use of the over the top of the lot.

5:30

Below is a screenshot sent to us by Anthony Roth of the stove maps overlaid over Google Earth.

5:38

With this site, there are some rock outcroppings that limit where the building can go.

5:41

Our desire is to keep the rock outcroppings intact, both to make the building more feasible.

5:46

Also in learning the history of the lot, we found neighbors and historical residents appreciating the outcroppings and hope they'd stay intact.

5:54

This does further complicate the placement of the house, as the two primary outcroppings are to the east, pushing any building sites into the setback or the South Alabama right away.

6:05

The exact location of the building will have to be adjusted depending on these outcroppings, and having flexibility to move towards the west will enable us to keep the existing prominent ones intact.

6:14

See below for a picture of the rock outcroppings.

6:18

I can share this with you all too.

6:20

With the right-of-way of South Alabama Street running the length of the lot of Butte Silverbow zoning zoning code requires a 20-foot setback from the right-of-year.

6:29

Taken together, 35% of the width uh width of the lot is currently unable to be used for those house for the house footprint.

6:36

This is not an issue in width of the house as the house isn't near that size.

6:40

But due to the previous issues mentioned of rock outcroppings and topography, only further make finding a location for the building more difficult.

6:48

Find below approximate drawing of the setback areas on the plat.

6:53

To preface, my wife and I understand that what we have designed would require going through complete planning and zoning zoning building permit process.

7:01

We know that the vacation would separate and apart from any process to get clearance on any construction.

7:07

Having said this, we hope to be upfront about what we are thinking when it comes to development.

7:12

Being intimately involved with planning and zoning and development where I live, and through my volunteering with our city neighborhood association, I understand how helpful it can be to have an understanding of what future proposals would look like.

7:24

With the understanding that things may change through planning and permitting process, we are including our current vision to illustrate the size and scope of what we are trying to do on the property.

7:34

My wife and I have designed the house around the lot and fit in size scope, style, and work with the lot.

7:39

The house is a four-bedroom, three-bath, approximately two thousand four hundred and sixty-five livable area.

7:44

Next door is a three-bedroom, two-bath, twenty-one hundred square foot house, along with a six-bed, two-bath, twenty two hundred square foot house, and a four-bedroom, two-bath, two thousand two hundred and sixty-seven square foot house.

7:56

Along the next block to the west, there are 2,611 square feet, 2,936 square feet, 2,840 square feet, 3,712 square feet, and 2,266 square feet.

8:11

The footprint of this is also similar to or smaller than nearby houses.

8:17

We designed this house to sit in the hollow just to the south of the peak of the current ridge.

8:22

This allows the basement and garage to sit under the house and utilize existing topography to the to lower the height of the structure.

8:31

I work in commercial roofing sales with the territory in Idaho and Montana, and our family is hoping to relocate to Butte to take over the Montana part of the territory.

8:40

In addition, and even more importantly, we want to become a part of the Butte community because we see it as the perfect community to continue to build our family together.

8:48

In my work travels, I had fallen I have fallen in love with the town, and my wife and daughter and I make sure we visit as often as we can.

8:55

We are very invested in building our lives in the area and hope we can continue moving forward on developing the lot, which we will believe the vacation is a vital part of.

9:05

And then is contact information at the end.

9:16

Also, I I didn't know.

9:18

I mean, I see that the um public works um Gleason is here and also um is here, so uh I didn't know if he wanted to add anything with this or if you've had any conversation with Mr.

9:30

Burke.

9:32

Commissioner Mankins, commissioners.

9:34

Um, I did meet with Mr.

9:36

Berg on site alongside with Fire Marshal Lee.

9:40

Um Fire Marshal Lee didn't have any issues with access or anything through the codes that met everything, even though it's the main access would be through the alley, but for one residence, it doesn't constitute any change in it, changes in his codes.

9:53

Um, from a public work standpoint, all utilities the service lines would have to be ran through the section little strip that he owns on Platinum Street.

10:01

It's not gonna be easy to do, but he does know that that's the case.

10:09

Uh thank you, uh Mr.

10:10

Gleason, for that information for sure.

10:14

Um, does um anybody else?

10:16

I guess I would like to.

10:19

I mean, I know we have a couple people that would like to also speak that are in the audience from the public if they would like to come up and um talk about it in um opposition of it, maybe or in favor.

10:31

I don't know quite yet, so hi I'm Anna Nugent.

10:40

I live on Mercury Street.

10:42

And again, I'm in opposition of vacating this right of way.

10:45

Um I think public rights of way are public spaces.

10:48

They are an asset even if undeveloped.

10:50

And you should not vacate these rights away without clear public benefit in return.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████57%
Community Engagement████████████████████25%
Engineering And Infrastructure███████9%
Procedural███████9%
Summary of Proceedings

Public Works Committee Meeting - August 13, 2026

The Public Works Committee met on August 13, 2026, at 6:30 PM in the courthouse council chambers to review Communication No. 2026-3-68, a petition to close and vacate a portion of the South Alabama Street public right-of-way adjacent to property owned by Mr. Berg. The petition was presented by Land Records Coordinator Will O'Connor, who explained the need for the vacation to accommodate a proposed single-family home on a lot with challenging topography and rock outcroppings. Public comment and committee discussion centered on the public value of the right-of-way, access concerns, and the process for vacation. The committee ultimately voted to hold the item for two weeks.

Public Comments & Testimony

  • Anna Nugent (Mercury Street resident) spoke in opposition to the vacation, arguing that public rights-of-way are valuable public assets even when undeveloped, and should not be vacated without clear public benefit. She noted the existing trail connectivity and potential recreational access and stated that property owners should assess development potential before purchase.
  • Will O'Connor (Land Records Coordinator) presented the petition, detailing that the vacation is needed because rock outcroppings and underground mine workings limit buildable area on the lot, and that the proposed 2,465-square-foot, four-bedroom, three-bath house is scaled similarly to neighboring homes. He clarified that the vacation applies only to the portion of Alabama Street adjacent to Mr. Berg's property, and that the existing trail below would remain unaffected.
  • Public Works Director Gleason confirmed he met with Mr. Berg and the Fire Marshal on site; the Fire Marshal had no access issues for a single residence, and utilities would need to run through a narrow strip on Platinum Street.

Discussion Items

  • Commissioner Healy questioned how the applicant would access the front of the house, given that the alley is short and does not provide direct street frontage. O'Connor responded that walking access from Platinum Street would be maintained, and parking could occur via the alley into a proposed garage.
  • Commissioner O'Leary clarified that the requested vacation does not include the portion of Alabama Street where the trail runs, which would remain public.
  • Commissioner Callahan raised concerns about alley ice in winter and limited access.
  • Commissioner O'Leary asked about valuation; O'Connor stated current code only imposes a $500 non-refundable fee for alley and street vacations, and no survey is required unless the committee specifies one.
  • After discussion, Commissioner O'Leary moved to hold the item for two weeks to allow committee members to gain additional clarity before sending it to the full council. The motion was seconded by Commissioner Healy.

Key Outcomes

  • The committee voted 6-0 to hold the petition for two weeks, deferring action until the next meeting (two weeks later) to allow for further clarity on the proposal and its implications.
  • No final decision on the vacation was made; the item will return for discussion and potential recommendation to the full council.

Meeting Transcript

Okay. Okay. Um I would like to call the Public Works Committee meeting August twelfth, twenty twenty six, six thirty PM courthouse council chambers. Uh we have one communication on the docket, communication number one, twenty twenty-six-three six eight. Will O'Connor, land records coordinator, requested Council of Commissioner to review a petition to close and vacate portions of a public right-of-way that has been filed with the BSB planning department as provided for and within ordinance number three six two and BSB municipal code section twelve zero two zero one zero. If he could just come up and give us a brief overview of what's going on and where we're at with this. Working with Anthony Roth at Montana Tech, we worked to identify any potential subsidence issues on the lot. Through his research, we identified that the primary build site would need to be on the crest of the hill. As the as south of that is where below ground workings exist, and further down the hill one goes, the more intense the workings become. The access of the lot due to the topography will need to be from from off the alley of platinum, which further necessitates the use of the over the top of the lot. Below is a screenshot sent to us by Anthony Roth of the stove maps overlaid over Google Earth. With this site, there are some rock outcroppings that limit where the building can go. Our desire is to keep the rock outcroppings intact, both to make the building more feasible. Also in learning the history of the lot, we found neighbors and historical residents appreciating the outcroppings and hope they'd stay intact. This does further complicate the placement of the house, as the two primary outcroppings are to the east, pushing any building sites into the setback or the South Alabama right away. The exact location of the building will have to be adjusted depending on these outcroppings, and having flexibility to move towards the west will enable us to keep the existing prominent ones intact. See below for a picture of the rock outcroppings. I can share this with you all too. With the right-of-way of South Alabama Street running the length of the lot of Butte Silverbow zoning zoning code requires a 20-foot setback from the right-of-year. Taken together, 35% of the width uh width of the lot is currently unable to be used for those house for the house footprint. This is not an issue in width of the house as the house isn't near that size. But due to the previous issues mentioned of rock outcroppings and topography, only further make finding a location for the building more difficult. Find below approximate drawing of the setback areas on the plat. To preface, my wife and I understand that what we have designed would require going through complete planning and zoning zoning building permit process. We know that the vacation would separate and apart from any process to get clearance on any construction. Having said this, we hope to be upfront about what we are thinking when it comes to development. Being intimately involved with planning and zoning and development where I live, and through my volunteering with our city neighborhood association, I understand how helpful it can be to have an understanding of what future proposals would look like. With the understanding that things may change through planning and permitting process, we are including our current vision to illustrate the size and scope of what we are trying to do on the property. My wife and I have designed the house around the lot and fit in size scope, style, and work with the lot. The house is a four-bedroom, three-bath, approximately two thousand four hundred and sixty-five livable area. Next door is a three-bedroom, two-bath, twenty-one hundred square foot house, along with a six-bed, two-bath, twenty two hundred square foot house, and a four-bedroom, two-bath, two thousand two hundred and sixty-seven square foot house. Along the next block to the west, there are 2,611 square feet, 2,936 square feet, 2,840 square feet, 3,712 square feet, and 2,266 square feet. The footprint of this is also similar to or smaller than nearby houses. We designed this house to sit in the hollow just to the south of the peak of the current ridge. This allows the basement and garage to sit under the house and utilize existing topography to the to lower the height of the structure. I work in commercial roofing sales with the territory in Idaho and Montana, and our family is hoping to relocate to Butte to take over the Montana part of the territory. In addition, and even more importantly, we want to become a part of the Butte community because we see it as the perfect community to continue to build our family together. In my work travels, I had fallen I have fallen in love with the town, and my wife and daughter and I make sure we visit as often as we can. We are very invested in building our lives in the area and hope we can continue moving forward on developing the lot, which we will believe the vacation is a vital part of. And then is contact information at the end. Also, I I didn't know. I mean, I see that the um public works um Gleason is here and also um is here, so uh I didn't know if he wanted to add anything with this or if you've had any conversation with Mr. Burke. Commissioner Mankins, commissioners. Um, I did meet with Mr. Berg on site alongside with Fire Marshal Lee. Um Fire Marshal Lee didn't have any issues with access or anything through the codes that met everything, even though it's the main access would be through the alley, but for one residence, it doesn't constitute any change in it, changes in his codes. Um, from a public work standpoint, all utilities the service lines would have to be ran through the section little strip that he owns on Platinum Street. It's not gonna be easy to do, but he does know that that's the case. Uh thank you, uh Mr.

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