Tempe was in a huge hurry to get Arizona Coyotes' development on the ballot. But why?

Athena Salman
·4 min read

The Arizona Coyotes’ proposed development has been the subject of heated debate — at city hall, on the streets, on social media.

The real controversy is not whether hockey should be played in the desert.

It’s the questionable tactics pursued by the Tempe City Council on development projects, all in the name of facilitating commercial development in downtown Tempe.

1. Why let the Coyotes pay for the election?

Firstly, the arena’s Disposition and Development Agreement (DDA) negotiated by Tempe with Bluebird Development LLC originally stated that the developer shall incur the costs in connection with this referendum election. Which ran afoul of Arizona law.

Per Arizona Revised Statutes 16-407.01, cities may not “receive or expend private monies for preparing for, administering or conducting an election, including registering voters.” The developer had planned on paying for an election that determined the future of their project.

It was only after state Rep. Steve Montenegro filed his complaint against Tempe that the city and the Coyotes changed course on April 25, with the city now paying for the election.

One must ask: Why was the plan agreed to in the first place, when it was so clearly a violation of state law?

2. Why was Tempe in such a hurry?

Secondly, Tempe City Council agreed to have the developer gather signatures on a referendum petition regarding its own development deal with the city.

I raise no objections to the referendum itself. In fact, I believe it is in the best spirit of our democracy that voters exercise their voices on these issues.

Another view: Why voters should approve Coyotes' deal

I do object, however, to how the city of Tempe worked with the developer to make the special election happen very fast — which allows them to minimize potential legal delays to construction and gives opponents less time to review the deal and bring forth potential problems.

3. Should they be in this kind of lockstep?

Finally, prior to approving the development agreement, City Council members voted to reserve a spot on a May 2023 special election specifically regarding the project — a particularly presumptuous move.

The City Council voting for a special election date even before signatures were officially submitted is highly unusual. It, too, seems designed to speed up the process for the Coyotes.

Why is the Tempe City Council working in such lockstep with a private developer to refer the project to voters? And why was the original plan for a developer to bankroll their own special election?

Voters should ask if the claims are true

Voters will choose whether the Arizona Coyotes deal moves forward at a special election on May 16.
Voters will choose whether the Arizona Coyotes deal moves forward at a special election on May 16.

Our cities have rules about development and what developers can do to make their projects happen for good reasons. Voters elect representatives and entrust them to make decisions on when and how to spend massive amounts of taxpayer money on their behalf.

Developers do everything they can to insert themselves in these decisions to direct massive amounts of taxpayer dollars to themselves.

They tell us their plan will improve our lives because it will create jobs, increase city tax revenues and make us proud of our hometown.

Sometimes these claims are true, sometimes they’re not.

Sometimes developers spend a lot of money to convince us of their claims, sometimes they don’t have to because no one is even asking if the claims are true.

This is playing out right now in Tempe.

How far is Tempe willing to go for this deal?

We must ask the right questions.

The Grand Canyon Institute’s recent report questions how much new revenue the arena will draw to the city relative to its cost. Again, the fast process that the Coyotes are enjoying has meant that there is less time to have our concerns addressed.

The Coyotes are spending significantly to convince Tempeans of their claims.

We must ask ourselves:

  • What is their agenda?

  • Do they really have improving the lives of Tempe residents in mind?

  • For that matter, does the Tempe City Council?

Possibly most concerning is how far along the slippery slope of impropriety and dubious ethics will the city of Tempe tread while engaging in this deal?

Athena Salman, a Democrat, represents Tempe in the Arizona state House of Representatives. Reach her at asalman@azleg.gov.

How to vote in Tempe's May 16 election

This article originally appeared on Arizona Republic: Tempe rushed to call an election for Arizona Coyotes. Why?