approved ciosi scope cell tower fs 156

To: 
 
 
Mayor & City Council 
 
From:  
 
Councilmember Lauren Tolmachoff  
 
 
 
 
 
         
Date:  
 
October 10, 2021 
 
 
 
CC:   
 
Kevin Phelps, City Manager 
 
 
 
Jack Friedline, Assistant City Manager 
 
Prepared by:  
Don Bessler, Director of Engineering  
 
Subject:  
 
CIOSI – Scope of Work – Cell Tower @ Fire Station 156 
 
Scoping Statement:  At the August 24th, 2021, Workshop Councilmember Tolmachoff requested a 
Council Item of Special Interest,  (CIOSI) to examine the possibility of terminating the contractual 
agreement for the cellular mono pole at Fire Station 156. On October 5th, 2021 staff met with CM 
Tolmachoff to develop the CIOSI scoping statement. 
 
Purpose:  
To consider the financial benefit to the city balanced against quality of life for neighbors adjacent 
to the installation.  
 
Background:   
On February 12, 2008, the Council approved an agreement (C-6319) with T-Mobile to allow 
for the installation of wireless communication equipment at Fire Station 156 (6801 Deer Valley 
Road).   At that time, the installation consisted of a “Stealth Flagpole” and accessory ground 
equipment.  The agreement was for a 5-year period, with options for 5 additional 5-year 
periods, a total of 30 years.  “Rent” for use of city property was established a $23,988 with an 
annual escalator of 3% to start on January 1 of each year.  The 2021 rent paid in January was 
$38,843.77.  The agreement allows either party to terminate without cause, by giving the 
other party a 1-year written notice of termination.  
 
In April of 2019, the “First Amendment” to the License agreement was approved. The 
amendment provided T-Mobile the ability to modify and relocate their equipment to the 
current “Mono-Elm” and to provide the city, 50%” revenue share” for income derived from the 
new installation. The amendment required T-Mobile to construct a “car shelter” consisting of 
covered employee parking    and replace the stealth flagpole with a standard flagpole. The 
balance of the 2008 agreement remained intact. The revenue share collected since the 2019 
amendment is $22,626.07. The most recent payment in September of 2021 was for $1.365.91.   
For purposes of contract management and related operational issues, T-Mobile, uses Crown 
Castle as their operating entity.  
 
Based on concerns raised by adjacent and nearby neighbors, Council member Tolmachoff 
and the City Manager have attempted to mitigate the visual impacts of the mono-elm.

Specifically, CM Tolmachoff has offered view mitigation funds from her Cholla District budget 
in the amount of $2000; four of the identified seven individuals have taken advantage of this 
opportunity.   In addition, On April 27, 2021 as part of the Fund Balance update Council 
approved up to $75,000 for funding to provide landscape buffering on city property and 
painting of the Fire Station. Those improvements are complete.   
 
In addition to aesthetics, some residents have referenced public health and safety concerns 
relative to Radio Frequency Radiation (RFR) for residents and employees. The federal 
government through the Federal Communications Commission (FCC), regulates this industry 
and the possible public health issues accordingly.  
 
Direction Requested: 
1. Is the Council willing to consider the discontinuation of this agreement? 
 
Deliverables:   
Given that the city is already engaged contractually, the scoping statement provides the 
framework for Council consideration.