Local News

Wal-Mart still has San Luis' blessing
BY BLAKE SCHMIDT, SUN STAFF WRITER
Published on: February 2, 2006

SAN LUIS, Ariz. — After what the city attorney called an "error" on his part, the San Luis city council voted a second time Thursday night to amend the "big box store" ordinance and clear the way for Wal-Mart to build a 197,000-square-foot store in this city.

Had the first vote stood, the ordinance amendment would not have taken effect as an emergency measure, meaning voters could take out a referendum to put the measure to a citywide vote.

But after last week’s vote, City Attorney Glen Gimbut said he realized that a second reading of the ordinance was needed under state law, because the ordinance wasn’t approved by a three-fourths vote by the full city council, which would have made it an emergency measure. Councilman Carlos Bernal voted against the ordinance and councilman Luis Luna did not attend the meeting.

"My error," Gimbut told The Sun, "I had forgotten about second reading provisions ... my apologies."

On Thursday night the vote passed as an emergency measure with a 6-1 vote.

At the meeting, Gimbut said nothing in Arizona state law or the city code says you cannot, at a second reading, pass an ordinance as an emergency measure.

The council in November adopted an ordinance prohibiting any retail store more than 50,000 square feet in size, which would have barred the Wal-Mart. The amendment, since approved by the council, allows stores larger than 50,000 square feet
— if the city issues a special use permit.

"Why do we have to put so many obstacles in front of investors who come in and create jobs and tax revenue for the city?" Bernal had said when after the vote on the amendment last week. He added that he was not voting against Wal-Mart, but against the special use permit ordinance.

Thursday Mayor Nieves Riedel said the amendment was an emergency measure "because we want Wal-Mart to start working as soon as possible."

She has said the special use permit "gives the city the upper hand to be able to negotiate under fair conditions."
She called the big box store ordinance a "tool" that the city had to use to bring Wal-Mart into negotiations with the city.

"Anyone who wants to build will have to go through the city," she said.

When the ordinance first passed, Riedel stated she voted in favor of the ordinance in order to protect small businesses against competition from Wal-Mart.

Neither the mayor nor any of the six council members declared a conflict of interest before voting on the amendment to the big box ordinance.



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