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CITY NEWS
SCOTTSDALE PROGRESS | WWW.SCOTTSDALE.ORG | FEBRUARY 24, 2019
SCOOTERS from page 8
to city staff. Between Dec. 13 and Feb. 19, 151 reports for bikes or scooters in violation of the ordinance have been reported through ScottsdaleEZ. Of those 151 reports, 107 of them were reported by three city staff members, Stockwell said. Those staff members are Senior Transportation Planner Susan Conklu, Downtown Specialist Jackie Contaldo and Stockwell himself. Stockwell, pushing back at criticism that the reporting system puts an undue burden on city staff, said he has reported 54 incidents personally and the typical report takes him two minutes to submit through ScottsdaleEZ. Stockwell said the regulations are sufficient “because all the problems that people are talking about are problems that are violations.” The real problem is compliance. “What we’re experiencing is, is that the companies, and then to a larger degree, the users – they’re not complying to as high a degree as we would want them to,” Stockwell said. Stockwell said the city is considering a number of ways to increase compliance that it will present to the City Council along with its report.
MARIJUANA from page 4
identify properties that complied with city and state requirements. They were only able to identify a small slice of properties east of Scottsdale Road in downtown Scottsdale, including the current site of Club Tattoo. “This is the only (property) that would not require major new approvals,” Rose said. Pasquel said the only potential issue involves the Christian Science reading room that is next door to Club Tattoo, because it could be considered a place of worship, a protected use that requires a 1,500-foot separation. However, Pasquel said the project team would like to help relocate that reading room. Plans for the dispensary show the Jennifer Hall, senior project manager at Rose Law Group, explains the details of the proposed dispensary current reading room space being turned at an open house at Larsen Gallery on Feb. 21. (Pablo Robles/Progress Staff Photographer) into a café. be added to the Scottsdale Entertainment and it’s not comforting.” A poll of 300 Scottsdale voters by Pubdistrict, so I would say I am in support of Atkinson expressed concern that one lic Opinion Strategies that was commisit and especially the location,” said resident dispensary downtown would lead to oth- sioned by the dispensary found that 66 Sandy Schenkat, who was asked by Rose to ers. percent of respondents thought that placsupport the project. “I don’t want to see them springing up all ing a medical marijuana facility near the The promise of a high-end retail feel over,” she said. Galleria would be a good idea, with 24 does not comfort Atkinson, though. Rose said he does not anticipate other percent opposed. “I have found that when someone wants dispensaries in the area because there is “Scottsdale is community that is (majorto do something to particular building lack of properties that would qualify un- ity) Republican, so these are strong numor do a particular type of building, they der existing Scottsdale regulations with- bers in Scottsdale,” Rose said. “The one always say it is going to be high-end or out significant variances from the City that jumped out at me is whether voters world-class,” she said. “Those are words Council. think dispensaries are acting responsibly and phrases I have heard for many years, The project team worked with the city to or irresponsibly.”
that indemnify cities of liability in the event a rider is injured. Bird, Jump and Lime all include this type of language in their contracts with riders. Lyft and Razor, both of which operate in Scottsdale, do not have language specifically indemnifying cities in their terms of service. Beyond safety, some Scottsdale residents and business owners – particularly in the downtown area – have complained about riders and scooter companies failing to abide by the ordinance. The ordinance regulates a variety of issues, including where scooters can be parked and where riders can use them. Complaints sent to the city and the Progress indicate business owners are upset about scooters being left in the middle of sidewalks – a violation – and scooter companies staging their scooters in areas deemed off limits by the city. Stockwell said the city is in constant communication with scooter companies concerning violations in an attempt to educate them and correct issues. In fact, violations reported through the city’s ScottsdaleEZ websites are sent directly to the flagged scooter company and
northern Tempe or eastern Phoenix, all of which are six miles or more away from the southern edge of downtown Scottsdale. “South Scottsdale has some of our most in need citizens, both economically and health wise; two things that are often intertwined,” Unger said. “Giving our residents access to affordable options in close proximity to where they live is the only fair thing for us to do.” Rose said the dispensary has the support of the ownership behind the nearby Galleria. In a press release, Sunday goods said it plans to redevelop the property “with a redevelopment that looks like an art gallery or something located at Scottsdale Fashion Square.” Plans for the project show a coffee shop next door to the dispensary and a public park and public the ownership would like to put on Scottsdale land adjacent to the property. Pasquel said the first floor will feature retail space for non-dispensary lifestylerelated products. The dispensary would be on the second floor and access would be restricted to those with a state medical marijuana card. “I do know a few people who will be happy that a classy type dispensary will
That could include recommending the city adopt licensing, operating and relocation fees similar to those adopted by the City of Tempe. “Fees for use are certainly something that could be considered at that point,” Stockwell said. But, to some, enforcement does not seem feasible. “At the end of the day, the ordinance is useless, because you can’t control where riders leave them and where they ride them unless the city wants to create a whole department just to enforce (the ordinance),” said Bob Pejman, owner of Pejman Gallery in the downtown Arts District. Stockwell said that, in addition to moving violations, the plans for increased enforcement by Scottsdale Police could also include a focus on other areas of the ordinance, including parking violations. He also said the city is making an effort to encourage the scooter companies themselves to park their scooters at bike racks and could consider increasing the number of racks in downtown Scottsdale if needed. However, even with new rules, Pejman still sees a problem with enforcement that would put too great a strain on city resources. “It is impossible to enforce the parking (regulations) on this because you need
constant patrolling of every street and sidewalk 24/7,” he said. The backlash and effort required by city staff to enforce local regulations has led some locals to question why the city allowed scooter companies in Scottsdale in the first place. Stockwell pointed to the potential for litigation if the city placed an outright ban on scooters. Last year, Beverly Hills, California, placed a temporary ban on scooters. Bird sued the city. The case is still pending, according to Consumer Reports. Stockwell also said that when cities regulate businesses in the right way, that often results in companies going to the state legislature to lobby for legislation that circumvents a city’s ability to issue its own regulations. The city is currently following a bill sponsored by Rep. Tyler Pace, R-25, that would regulate scooters and has the support of scooter companies. Stockwell also pointed to the relative benefit the city receives from the scooter and bikeshare programs. He said that “to allow multiple modes of transportation or multiple options for people without the city having to make an investment in it is pretty attractive.”