City and Borough Assembly

ASSEMBLY CHAMBERS CITY AND BOROUGH OF SITKA 330 Harbor Drive Sitka, AK (907)747-1811 Minutes - Final City and Borough Assembly Mayor Steven Eisenbeisz, Deputy Mayor Timothy Pike, Vice Deputy Mayor JJ Carlson, Kevin Mosher, Scott Saline, Chris Ystad, Thor Christianson Municipal Administrator: John Leach Municipal Attorney: Rachel Jones Municipal Clerk: Sara Peterson Thursday, August 21, 2025 5:00 PM Assembly Chambers State of Alaska Office of Administrative Hearings Acting as the Assembly SPECIAL MEETING 25-109 State of Alaska Office of Administrative Hearings, presided by Administrative Law Judge Max Garner, acting as the Assembly in their role as the Board of Adjustment: Consideration of an appeal filed by Central Council of Tlingit & Haida dba Tidal Network for the Planning Commission's denial of a height variance for a communications tower located on 116 Nancy Court 5:00 PM Administrative Law Judge Max Garner started the meeting Staff Presentations, including submittal of any administrative reports Municipal Attorney Rachel Jones clarified the appeal was about a variance, not the permitted use of a cell tower, and explained the Planning Commission decision should be upheld unless it erred. She noted Tidal Network admitted lacking detailed studies on tower height and coverage. A Key discussion involved whether the 35-foot height limit applied universally. CBS recommended upholding the denial and allowing the applicant to reapply with more complete data. Applicant Presentations Attorney Douglas Bonnor, representing Tidal Network, requested reversal of the Planning Commission’s denial of a variance to build a 120-foot tower. He argued the project would improve service, bring grant funding, and they had a lease agreement with STA. He cited inconsistent past approvals and said the 35-foot tower would only provide 25% coverage, creating significant gaps. He said CBS failed to propose a viable alternative location. He noted environmental and cost factors supported the proposed site. He claimed CITY AND BOROUGH OF SITKA Page 1 City and Borough Assembly Minutes - Final August 21, 2025 special circumstances existed and that the denial lacked substantial evidence, as coverage maps were only requested after the decision. Testimony or comments by the public germane to the matter 1. Testimony or public comment subject to order on motion Attorney Scott McCollough spoke in opposition to the tower construction on behalf of Robert Krehbiel, Kelly Sweeney, John Martin, Hal Spackman, Carrie Spackman, Carol Voison, Taylor Vieira, and Mike Vieira. McCollough cited safety concerns, difficult access, and threats to nearby life and property. He argued the site was inappropriate and emphasized that the Planning Commission was required to ensure the project would not harm public welfare or adjacent properties. He claimed the applicant failed to provide sufficient engineering evidence or meet the burden of proof for all required findings. While staff recommended approval, he believed the Commission rightfully denied the variance based on community concerns and risk factors. McCollough also raised issues with property value impacts, lack of cellular service contracts, and differences between fixed broadband and wireless service. He argued Tidal Network did not meet the significant gap or least intrusive alternative tests and urged the judge to affirm the Planning Commission’s denial. 2. All other members of the public Amy Bethune, Kris Chinalski, Melissa Thorsen-Broschatt, Larissa Nellis, Lori Johnson, Paul Clemments, Austin Cranford, Richard Wein spoke in opposition of the tower. Alysha Guthri (STA representative) spoke in support of the cell tower. Rebuttal Jones clarified that, contrary to Bonnor’s claim, a Planning Commissioner had requested a coverage map during the process, but Tidal Representative Tyler Cropley stated he did not have one. She noted that materials were submitted after the Commission’s decision and suggested the Commission should have reconvened to consider the new information. In response to Garner’s question about past tower variances, Planning and Community Development Director Amy Ainslie explained the current case was unique due to its residential location. While other variances had been granted in R1 and R2 zones, they differed in context. One variance was granted for a project that was later abandoned, and prior approvals focused CITY AND BOROUGH OF SITKA Page 2 City and Borough Assembly Minutes - Final August 21, 2025 more on signal strength and tower function than impacts on neighboring properties. Bonnor stated that T&H reviewed 129 sites, and the proposed location was the least intrusive, with no viable alternatives. A wireless designer confirmed the site was safe and buildable. Landslide risk was acknowledged but applies to all construction in the area. He emphasized property value concerns were based on hearsay and lacked local data. The project would serve 5,000 people with better wireless and healthcare access. Judge Garner asked for additional information regarding preemption provisions, and Bonnor agreed to provide this. The deadline to arrive at a decision was September 12. Judge Garner thanked Judge Garner thanks Bonner and McCullough for their contributions. The hearing concluded at 7:25 p.m. ATTEST: ____________________________________ Sara Peterson, MMC Municipal Clerk CITY AND BOROUGH OF SITKA Page 3