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Campaign Won 2002–2004 Politics, 2000s

The Los Arcos Referendum, 2002–2004: The Walmart Deal Scottsdale Voted Down 83 to 17

Steve Ellman's arena plan for the dead Los Arcos mall died in 2001. His next idea was a Walmart, a Sam's Club and a Lowe's, with the city returning about half the center's sales taxes for forty years. The council approved it 4 to 3 in July 2003. A committee called STOP'EM forced a referendum, and the Chamber, which had backed the arena, joined it. Ellman withdrew in February 2004; on March 9 voters rejected the deal 83 to 17, and the land went to ASU.

Illustration for The Los Arcos referendum: after the arena left, the same developer asked for a 40-year tax share to build a walmart, a sam's club and a lowe's. the council said yes, 4 to 3; the voters said no by the widest margin of the decade VOTE

The 30-second version

  • In February 2002 Ellman Companies proposed a Walmart Supercenter, a Sam's Club and a home-improvement store for the old Los Arcos mall site at the southeast corner of Scottsdale and McDowell roads.
  • On July 2, 2003 the council adopted Resolution 6324, 4 to 3, approving a redevelopment agreement worth about $37 million over 40 years from the site's own sales taxes, roughly $180 million to $200 million with interest.
  • A committee called STOP'EM, Scottsdale Taxpayers Opposed to Paying for Ellman's Mistakes, gathered signatures for a referendum; a judge ruled in October 2003 that the deal could go to voters.
  • Ellman dropped the plan in February 2004. On March 9, 2004 voters rejected the agreement anyway, 29,444 to 5,856.
  • In May 2004 Ellman sold the 42 acres to the ASU Foundation for $41.5 million; the city bought them and leased the land back to ASU for what became SkySong.

The question

Should Scottsdale share the sales taxes from a new Walmart, Sam's Club and Lowe's center on the old Los Arcos mall site with its developer for forty years, worth about $37 million and far more with interest?

The sides

STOP'EM and its allies

The deal was an enormous subsidy for ordinary big-box stores, to the same developer who had promised an arena and taken the team to Glendale. South Scottsdale deserved better than three warehouses paid for with its own sales taxes.

“Don't write off southern Scottsdale! Don't pay $37 million for big boxes!” Scottsdale Area Chamber of Commerce, Virginia L. Korte, president and CEO, argument against Proposition 300, city publicity pamphlet, March 9, 2004

David Ortega, Virginia Korte

Shopping for Los Arcos

The empty corner was costing south Scottsdale every year. The subsidy came only from taxes the new stores themselves would generate, so the city took no risk, and north Scottsdale had been getting subsidies for years.

“There is no risk to the city because funding would come from tax dollars from the Los Arcos site itself.” Argument for Proposition 300 paid for by the Shopping for Los Arcos committee, primarily funded by Los Arcos Development, LLC, city publicity pamphlet, March 9, 2004

How it ended

The developer dropped the plan in February 2004, and on March 9 voters rejected the agreement anyway, 29,444 to 5,856. In May 2004 he sold the 42 acres to the ASU Foundation for $41.5 million, which sold them to the city for the innovation center that became SkySong.

What holds it: Habit

The short version

The arena plan for the Los Arcos mall died in 2001 when Steve Ellman took the Coyotes to Glendale (see the Los Arcos arena). He still owned the 42 acres at Scottsdale and McDowell roads, and in 2002 he proposed a Walmart Supercenter, a Sam’s Club and a Lowe’s. The council agreed, 4 to 3, to return about half the center’s sales taxes to his company for forty years.

Opponents called it a giveaway to the developer who had walked out on the city. They forced a referendum, the Chamber of Commerce joined them, and Ellman withdrew. On March 9, 2004 voters rejected the agreement anyway, 83 percent to 17, the most lopsided city vote of the decade. Two months later the land went to the ASU Foundation, and the corner became SkySong.

The deal

Ellman unveiled the retail plan at a public meeting on February 5, 2002, Phoenix New Times reported, and went first to the three council members who had fought his arena hardest. A year and a half later, on July 2, 2003, the council adopted Resolution 6324, authorizing a redevelopment agreement with Los Arcos Development, L.L.C., “the Ellman Companies’ designee,” for the site at “the southeast corner of the intersection of McDowell Road and Scottsdale Road.” The vote was 4 to 3. Councilman Ned O’Hearn voted yes: “That’s urban dynamics. This is private enterprise. This is competition.” Councilman David Ortega voted no.

The money depended on who counted. The developer would keep 49 percent of the center’s sales taxes for forty years, the Institute for Local Self-Reliance reported. Opponents put it as “$37 million on a note over 40 years with 7.125% interest,” for total payments “estimated to be more than $187 million.” Supporters answered that the city would still collect “$1,800,000 PER YEAR” from the site, “a whopping $72,000,000.”

The referendum

A committee called STOP’EM, Scottsdale Taxpayers Opposed to Paying for Ellman’s Mistakes, gathered signatures to refer the resolution to the voters. The city argued the agreement was an administrative act that could not be referred; a Superior Court judge disagreed in October 2003, and the council, split 4 to 3 again, chose not to appeal.

The arguments on the March 2004 ballot were blunt. “This is beyond outrageous and has made Scottsdale a laughingstock around the country,” STOP’EM’s chairman wrote, urging voters to “say no to paying a developer who promised us an arena and then left for Glendale.” Ortega: “Scottsdale cannot afford to pay a truant developer to leave town with our money.” The Scottsdale Area Chamber of Commerce, under Virginia Korte, had backed the arena in 1999; now it said “southern Scottsdale deserves a far better fate than a $37 million developer subsidy for three big box stores.”

Every argument for the deal was paid for by a committee called Shopping for Los Arcos, “primary funding provided by Los Arcos Development, LLC.” Its chairman, a co-chair of the Los Arcos Neighborhood Coalition, had fought the arena: “I was one of the primary opponents of the arena plan for Los Arcos … Now, I support the new proposal.” Another supporter put the south side’s grievance plainly: “Subsidies are frequently given out in Scottsdale although usually involving projects from Osborn north. We taxpayers of south Scottsdale paid for those subsidies. Now it’s payback time.”

The vote and after

Ellman scrapped the plan in February 2004, but the question stayed on the ballot. On March 9, 2004 voters rejected Proposition 300, 29,444 to 5,856. The same ballot rejected district elections for the council and sent Ortega, the deal’s council opponent, into a mayoral runoff with Mary Manross.

In May 2004 Ellman sold the site to the ASU Foundation for $41.5 million; the foundation sold it to the city for the same amount, and the city leased it back to ASU for an innovation center. That deal drew its own opponents: Councilman Bob Littlefield objected that the city would collect no property taxes, sales taxes or rent on the land ASU used, and a committee tried and failed to gather enough signatures for another referendum, the State Press reported. The design was chosen and the site rezoned in 2005, and the center opened as SkySong in 2008 (see March 27, 2008).

The Los Arcos fights ran most of a decade. Voters twice approved public help for an arena there in 1999 and, five years later, overwhelmingly refused it for a retail center. The 2000s politics chapter sets the vote beside the decade’s other referendums.

Who was in it

  • Steve Ellman Developer of the Los Arcos site through Los Arcos Development, LLC 2002–2004
  • David Ortega Councilman who voted against the subsidy and argued against it on the ballot council 2000–2004
  • Ned O'Hearn Councilman who voted for the subsidy council 2000–2004
  • Virginia Korte President of the Scottsdale Area Chamber of Commerce, which opposed the deal 2003–2004
  • Mary Manross Mayor, who signed the July 2, 2003 resolution approving the agreement mayor 2000–2009
  • Kevin Osterman Council candidate who argued against the deal; elected that spring 2004

By the numbers

4–3

Council vote, July 2003

about $37 million

Subsidy over 40 years

83 percent

Voters against

$41.5 million

Sale to ASU Foundation

What the record doesn’t show

  • The council roll call of July 2, 2003. Two sources give the vote as 4 to 3; only David Ortega's no and Ned O'Hearn's yes are on record. · Happened off the books
  • The Superior Court ruling of October 2003 that the agreement could be referred to voters. No published opinion exists; the judge's name and Ellman's appeal rest on one trade publication.
  • Campaign spending by STOP'EM and Shopping for Los Arcos, and the outcome of a union lawsuit calling the subsidy an unconstitutional gift.
  • Why Ellman withdrew in February 2004, in his own words.

The timeline

  1. 2001

    In April Ellman agrees to build the Coyotes' arena in Glendale, ending the Los Arcos arena plan.

  2. 2002

    At a February 5 public meeting Ellman proposes a Walmart Supercenter, a Sam's Club and a home-improvement store for the site; the council asks staff to study his plan and a city consultant's alternative, Phoenix New Times reported.

  3. 2003

    On July 2 the council approves the redevelopment agreement, 4 to 3. STOP'EM forces a referendum; the city argues the deal is administrative and cannot be referred, and a judge disagrees in October.

  4. 2004

    Ellman withdraws in February. On March 9 voters reject Proposition 300, 83 percent to 17. In May he sells the land to the ASU Foundation, and the city buys it for an ASU innovation center.

Questions people actually ask

What was the Los Arcos Walmart deal?

A 2003 agreement under which Scottsdale would have shared about half the sales taxes from a new Walmart Supercenter, Sam's Club and Lowe's on the old Los Arcos mall site with the developer, Steve Ellman's Los Arcos Development, for forty years. The principal was about $37 million; opponents put the total with interest at more than $180 million.

Did Scottsdale voters reject the Los Arcos Walmart?

Yes. On March 9, 2004 they rejected Proposition 300, the council's approval of the agreement, 29,444 to 5,856, about 83 percent to 17. The developer had already withdrawn the plan in February.

How did Los Arcos become SkySong?

In May 2004, after the referendum, Ellman sold the 42-acre site to the ASU Foundation for $41.5 million. The foundation sold it to the city for the same amount, and the city leased the land back to ASU for an innovation center, named SkySong in 2006.

Sources

Vernacular & LexiconASUSkySongCoyoteMcDowell Road

Facts checked: October 23, 2026 • Written by • Every side is given in its own words from the public record; the site takes no side. Corrections are welcome.