NIMBY is an acronym for “not in my backyard.” It’s a nickname some use for residents who oppose developments they find undesirable, like homeless shelters, prisons and nuclear waste dumps. In Page, proposed apartment buildings pack the chambers with nimbys at city council meetings.

Nimbys influence city decisions for better or worse. They can help curb overdevelopment and protect the environment, or they can make it difficult for elected officials and city administrators to solve problems.

Homeowners don’t want obstructions to their premium views. They don’t want their homes losing value. They don’t want to risk increased crime in their neighborhoods. Their concerns are valid, so cities may negotiate.

Page City Manager Darren Coldwell and staff have expressed their willingness to compromise in public meetings, and they have dedicated time and effort to find win-win solutions. City administrators are obligated to care for the whole city. If what a group wants is beneficial to the rest of the city’s population, and it’s within the city’s means, then it’s easier to make something happen.

What a group wants isn’t necessarily the best use of city resources or what the rest of the community wants. Arizona has laws to prevent cities from using public assets to benefit small groups at the expense of taxpayers. It’s called the “Gift Clause.” People have sued cities for violating the law. One way a city can verify if something – let’s say a park – will benefit the whole community is to put the proposition on a ballot. This will help protect the city and council members from liability and costly legal battles.

Article 9, §7 of the Arizona Constitution, commonly referred to as the Gift Clause, states: “Neither the state, nor any county, city, town, municipality, or other subdivision of the state shall ever give or loan its credit in the aid of, or make any donation or grant, by subsidy or otherwise, to any individual, association, or corporation[.]”

The law leaves a lot of room for interpretation, despite the Arizona Supreme Court’s two-prong test to help determine violations: “It held that an expenditure by a governmental entity does not violate the Gift Clause if both (a) the expenditure has a public purpose and (b) consideration received by the governmental entity ‘is not so inequitable and unreasonable that it amounts to an abuse of discretion, thus providing a subsidy to the private entity.’”

The first test is straightforward and easy to establish: Does the expenditure have a public purpose? The second test is trickier: Are private entity gains disproportionately greater than city taxpayer gains?

Page officials must decide if the best use of a particular piece of land is for housing, business, open space or a park.

Coldwell, referring to a dispute over undeveloped land dubbed Frost Park by locals, told the Chronicle, “Staff wants to make sure that the property is used as its highest and best use.” 

“If I have a feeling that the property isn't being used correctly and that the citizens aren't getting the highest return for that property, I'm committed ethically to bring that forward,” Coldwell said. “I can't just sit on my hands and not let Council know that perhaps there's a different avenue that they should take.” 

The Frost parcel has an estimated value of $1 million. The 5.81-acre property borders the golf course and has outstanding views.

Page has a lot of undeveloped land, but not all of it is attractive to investors. Developers also want premium views. Location, location, location. It’s good business. If investors can’t find what they want in Page, they’ll take their money elsewhere. Likewise, nurses, teachers and service workers will take their skills elsewhere.

Page relies on tourism but can’t adequately house its service employees. Potential employees, like developers, go elsewhere. For city officials in Page, nimbyism makes it difficult, if not impossible, to remedy the housing shortage.

This article is the first of a multipart series on housing and land use in Page. Next week, Lake Powell Chronicle takes an in-depth look at the Frost Park dilemma, including an interview with Mayor Bill Diak. He discusses the history of Frost Park and the city’s perspective on what to do with it. The following week will look at a citizens group’s perspective, featuring an interview with Debi Roundtree and highlights from past council meetings.