OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Public Works Committee Meeting on Right-of-Way Vacation Petition, August 26, 2026

Council of Commissioners & CommitteesThursday, August 27, 2026
BodyButte Silver Bow, Montana
SessionCouncil of Commissioners & Committees
DateThursday, August 27, 2026
StatusNEW · FILED
Video Record
0:00 / 25:43

Transcript — Verbatim
0:18

Thank you.

0:19

I would like to call the public works committee meeting August 26, 2026, 6 30 p.m.

0:25

Courthouse Council Chamber.

0:28

We have one thing on the docket tonight.

0:32

Number one, petition number 202601.

0:36

Will O'Connor land records coordinator request Council of Commissioners to review a petition to close and vacate portions of a public right-of-way that has been filled with the BSB planning department as provided for and within ordinance number 362 and BSB municipal code section 12.02.

1:02

So we have been discussing this the last couple weeks.

1:21

So myself present, Josh O'Neal present, Dan Callahan present, uh Bill Boyle absent, um Russell Larry present, and Trude Healy present.

1:32

So Commissioner O'Leary has um I did not know that.

1:41

So Mr.

1:42

Berg is um in the audience right now.

1:44

So if he would like to come up and talk about anything that he would like to talk about with this land closure.

1:58

Thank uh commissioners.

2:01

Uh I appreciate your time, especially as this is you know gone on for a couple meetings.

2:06

I primarily came so that I could answer any questions, go over any concerns you might have.

2:12

As you've read in my previous uh communication, you know, there are some issues with this lot that make it harder to put something on than usual, and I appreciate the fact that you know we all buyer beware on lots.

2:26

However, part of what really started us looking at this vacation was the fact that when we started digging into the history of this lot, digging into the history of the area, we actually got some communication from people who had lived in the area, played on the rocks there, you know, remember good times, uh sledding down the hill and whatnot.

2:50

And between that and a lot of our other research, it became obvious that there are things that we could do that would make it so that whatever development was on there worked best with the neighborhood.

3:03

And one of the ways to make that be the case is through this vacation.

3:09

An example of this would be there's a 35 set uh foot setback from right of ways.

3:15

So what that effectively means is that from a road that will never be built, we would have to be set back 35 feet from that west side.

3:24

That would drive us closer to the rocks that everyone has said, you know, they've remembered the rocks up on platinum for years and years.

3:32

Also, there's I know been some concerns about views and height of house.

3:37

By moving it that direction, you would actually effectively lower it a little bit because the of how the topography works.

3:45

So I just wanted to bring up that we are, you know, a big part of why we have gone down this vacation road is because we feel like it will not only be an asset to the community in terms of turning this back over to the tax rolls, but more importantly, that it addresses some of the concerns that we've heard from people in the neighborhood about building a building there in the first place.

4:12

Between that, the issues with the subsidence that's lower on the lot, the issue with the that setback, and some of the other unique parts of this lot, as we all know, there's not that many lots in Uptown that haven't had at least two or three buildings on them over the course of history, and and we feel that one of the reasons why there was never something on here is because of these issues, and that this would not only solve that problem, um, but solve it with a piece of property that because the uh north side of that has been previously vacated, will never be turned into a road.

4:54

And in talking with roads, they say there's no way they would ever build something up there anyway.

5:05

So we think that uh you know the best use for that property would be to help develop it in a manner that best fits with the neighborhood and can also assuage some of the concerns of the neighbors.

5:19

Um I don't know if everyone got out there, it's quite a trek up that steep hill.

5:26

Uh we have not seen any public use traces coming up the hill.

5:34

Um there have been unfortunately some people who have gone up the alleyway and uh utilized the property for other activities, which uh we worked with community enrichment and the sheriff's office to fix, and it's our hope that also by developing it we'll solve some of those problems as well.

5:53

So if you have any questions, comments, um I'm I'm happy to answer anything uh to the best of my ability at this point in the process.

6:04

Uh thank you, Mr.

6:05

Berg, and thank you for coming in for sure and being here um in person and explaining this project and what um your concerns were and what would be the best use for this property and kind of enlightening um some of more of the commissioners and anybody else that is listening at this time.

6:22

Does anybody have any questions for Mr.

6:24

Berg?

6:27

Um Commissioner Callahan Thank you, Chairman Mankins.

6:31

I just have a comment.

6:33

Excuse me.

6:34

I uh I did go up and walked all that land and I checked out every avenue there was and uh drove up there.

6:42

Uh one of the neighbors came out and spoke to me.

6:45

She was curious on what I was doing.

6:46

And uh and I was glad I thanked her because we like people that want to be involved in their neighborhood.

6:52

Um as you know, there's been a lot of riffraft up there, a lot of activities that isn't a positive for the community, and a lot of trash, and they put that chain across to start keeping people out.

7:06

But uh it would just continue if somebody doesn't do something with that piece of property.

7:13

And what else would the property be used for if somebody doesn't build a home on it?

7:19

You know, obviously you know there's gonna be a challenge is to get in in the winter time, but that's something you can deal with on what you need to do.

7:27

But I see that one house that right at the top of the alley there is abandoned.

7:31

People have already broke into it, and next thing you know, that'll be vandalized at the point where they're tear it down if somebody don't do something with it.

7:39

But uh yeah, I think it's a good idea for you to for us to do this and have somebody develop it and utilize the property rather than leave a bunch of riffraffed up there just doing illegal things.

7:53

So I thank you for what you're trying to do.

7:56

Thanks.

7:58

Thank you, Commissioner.

7:59

Can I just um for the record that uh neighbor you're talking to is Heidi, and she's an amazing person, and we're very fortunate uh that she reached out to us because you know, living in Boise, it's not like I can see what's happening at the property, and she's the one that alerted us to uh the problems there, and then we were able to put the chain back up and and and hopefully prevent that from happening again.

8:24

Um thank you, Mr.

8:25

Callahan.

8:26

Uh thank you, Mr.

8:27

Berg for um responding back to that.

8:30

Um Commissioner Healy would like to make a comment.

8:34

Um I just want to be clear about you already own that lot.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████52%
Procedural████████████████████████████████████42%
Community Engagement█████6%
Summary of Proceedings

Public Works Committee Meeting on Right-of-Way Vacation Petition, August 26, 2026

The Public Works Committee met on August 26, 2026, at 6:30 p.m. in the Courthouse Council Chamber to consider petition number 2026-01, requesting the closure and vacation of portions of a public right-of-way to facilitate development of a residential lot in Uptown Butte. The committee heard from the petitioner, Mr. Berg, and from commissioners, and voted 5-0 to forward the petition to the full council with a recommendation that the vacation include a three-year stipulation requiring construction to begin within that timeframe.

Public Comments & Testimony

  • Mr. Berg, the lot owner and petitioner, explained that the vacation would allow him to build a house that better addresses neighborhood concerns, such as preserving views and the rock formation, and resolving issues with the required 35-foot setback from an unused right-of-way. He noted that the lot has been subject to illegal activity and trash, and developing it would improve the area. He acknowledged that the neighbor Heidi alerted them to problems and that they have worked with the sheriff's office to address trespassing.
  • Commissioner Callahan reported that he visited the property and spoke with a neighbor who expressed interest in the project. He noted the lot is currently attracting illegal activity and that development would be beneficial.

Discussion Items

  • Commissioners discussed the merits of the vacation. Commissioner O'Leary raised concerns about noxious weeds and asked about the timeline for construction. Mr. Berg stated his intention to build within three years, likely starting foundation work in spring 2027 or 2028.
  • Commissioner O'Leary proposed a motion to approve the vacation with a stipulation that construction must start within three years, otherwise the property would revert to the county. He cited previous cases (Praxis vacation and Up Top) where properties were acquired but not developed.
  • Commissioner Callahan suggested amending the language to "under construction" to "purchased and permits" to account for permit delays. After discussion, the motion was amended to include the three-year stipulation in the resolution forwarded to the full council.
  • Commissioner O'Neal commented that a three-year timeline seemed reasonable, and if construction started (e.g., a foundation) within that period, it would suffice.
  • Mr. Berg indicated no objection to the three-year stipulation, assuming provisions for delays beyond his control.

Key Outcomes

  • The committee voted unanimously (5-0) to forward petition number 2026-01 to the full council with a recommendation to include a three-year stipulation that construction must commence within three years or the property reverts to the county.
  • The stipulation will be incorporated into the resolution presented to the full council for a public hearing.

Meeting Transcript

Thank you. I would like to call the public works committee meeting August 26, 2026, 6 30 p.m. Courthouse Council Chamber. We have one thing on the docket tonight. Number one, petition number 202601. Will O'Connor land records coordinator request Council of Commissioners to review a petition to close and vacate portions of a public right-of-way that has been filled with the BSB planning department as provided for and within ordinance number 362 and BSB municipal code section 12.02. So we have been discussing this the last couple weeks. So myself present, Josh O'Neal present, Dan Callahan present, uh Bill Boyle absent, um Russell Larry present, and Trude Healy present. So Commissioner O'Leary has um I did not know that. So Mr. Berg is um in the audience right now. So if he would like to come up and talk about anything that he would like to talk about with this land closure. Thank uh commissioners. Uh I appreciate your time, especially as this is you know gone on for a couple meetings. I primarily came so that I could answer any questions, go over any concerns you might have. As you've read in my previous uh communication, you know, there are some issues with this lot that make it harder to put something on than usual, and I appreciate the fact that you know we all buyer beware on lots. However, part of what really started us looking at this vacation was the fact that when we started digging into the history of this lot, digging into the history of the area, we actually got some communication from people who had lived in the area, played on the rocks there, you know, remember good times, uh sledding down the hill and whatnot. And between that and a lot of our other research, it became obvious that there are things that we could do that would make it so that whatever development was on there worked best with the neighborhood. And one of the ways to make that be the case is through this vacation. An example of this would be there's a 35 set uh foot setback from right of ways. So what that effectively means is that from a road that will never be built, we would have to be set back 35 feet from that west side. That would drive us closer to the rocks that everyone has said, you know, they've remembered the rocks up on platinum for years and years. Also, there's I know been some concerns about views and height of house. By moving it that direction, you would actually effectively lower it a little bit because the of how the topography works. So I just wanted to bring up that we are, you know, a big part of why we have gone down this vacation road is because we feel like it will not only be an asset to the community in terms of turning this back over to the tax rolls, but more importantly, that it addresses some of the concerns that we've heard from people in the neighborhood about building a building there in the first place. Between that, the issues with the subsidence that's lower on the lot, the issue with the that setback, and some of the other unique parts of this lot, as we all know, there's not that many lots in Uptown that haven't had at least two or three buildings on them over the course of history, and and we feel that one of the reasons why there was never something on here is because of these issues, and that this would not only solve that problem, um, but solve it with a piece of property that because the uh north side of that has been previously vacated, will never be turned into a road. And in talking with roads, they say there's no way they would ever build something up there anyway. So we think that uh you know the best use for that property would be to help develop it in a manner that best fits with the neighborhood and can also assuage some of the concerns of the neighbors. Um I don't know if everyone got out there, it's quite a trek up that steep hill. Uh we have not seen any public use traces coming up the hill. Um there have been unfortunately some people who have gone up the alleyway and uh utilized the property for other activities, which uh we worked with community enrichment and the sheriff's office to fix, and it's our hope that also by developing it we'll solve some of those problems as well. So if you have any questions, comments, um I'm I'm happy to answer anything uh to the best of my ability at this point in the process. Uh thank you, Mr. Berg, and thank you for coming in for sure and being here um in person and explaining this project and what um your concerns were and what would be the best use for this property and kind of enlightening um some of more of the commissioners and anybody else that is listening at this time. Does anybody have any questions for Mr. Berg? Um Commissioner Callahan Thank you, Chairman Mankins. I just have a comment. Excuse me. I uh I did go up and walked all that land and I checked out every avenue there was and uh drove up there. Uh one of the neighbors came out and spoke to me. She was curious on what I was doing. And uh and I was glad I thanked her because we like people that want to be involved in their neighborhood. Um as you know, there's been a lot of riffraft up there, a lot of activities that isn't a positive for the community, and a lot of trash, and they put that chain across to start keeping people out. But uh it would just continue if somebody doesn't do something with that piece of property. And what else would the property be used for if somebody doesn't build a home on it? You know, obviously you know there's gonna be a challenge is to get in in the winter time, but that's something you can deal with on what you need to do. But I see that one house that right at the top of the alley there is abandoned. People have already broke into it, and next thing you know, that'll be vandalized at the point where they're tear it down if somebody don't do something with it. But uh yeah, I think it's a good idea for you to for us to do this and have somebody develop it and utilize the property rather than leave a bunch of riffraffed up there just doing illegal things.

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