Council MIN 02-17-2015 Special ikCITY OF
Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
February 17, 2015 - 5:30 p.m.
www.cityoffederalway.corn
1. CALL MEETING TO ORDER
Mayor Ferrell called the Regular Meeting to order at the hour of 5:35 pm
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa-Dawson, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin
Moore and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall and City Clerk
Stephanie Courtney.
Mayor Ferrell excused Councilmember Kelly Y Y Maloney.Y
2. PLEDGE OF ALLEGIANCE-
Cheryl Nevers led the flag salute.
3. MIRROR ESTATES FINAL PLAT
Senior Planner Matt Herrera gave a brief presentation on the background of the final plat including a
2007 Hearing Examiner and City Council approved wetland mitigation and subdivision.The applicant
installed wetland mitigation in 2012; subdivision infrastructure improvements in 2013; and the
applicant applied for final plat approval in 2014.
Mr. Herrera noted the applicant has fulfilled conditions of preliminary plat approval and the
recommendation is approval of final plat through a Council Resolution on the City Council Regular
Meeting Agenda later tonight.
4. STUDY SESSION: MARIJUANA MORATORIUM
Staff Presentation
Senior Planner Stacey Welsh gave a brief presentation to the City Council regarding the background
of Marijuana-Related Businesses. She noted 1-502 was passed by Washington voted in November of
2012 with the Federal Way percentage of 53% approval. Last October the City Council enacted a
moratorium on marijuana-related businesses for an additional 6 months; which will expire May 5,
2015. To clarify, she stated Recreational Marijuana-related businesses include: retail operations;
production operations; and processing operation. The state has specified no more than five retail
outlets may be allowed within the city limits. She updated Council on the various marijuana related
Federal Way City Council Special Minutes Page 1 of 3
February 17, 2015
bills in the Washington State Legislature.
Ms. Welsh also updated the Council on Medical Marijuana. She noted marijuana dispensaries and
collective gardens are not affected by 1-502; are not regulated by the WA State Liquor Control Board
and dispensaries are not legal under current law. The City Council can ban and/or regulate medical
marijuana; however it is currently in a transitory period right now as cities wait for clear direction from
the legislature and/or the courts.
At this time, Council is being asked to review information and provide direction to staff for preparation
of an ordinance to present to City Council for final action.
Ms. Welsh introduced Deputy Director of the Washington State Liquor Control Board, Randy
Simmons who also gave a brief presentation. Mr. Simmons noted the primary goal and mission is
public safety of marijuana and to keep it out of the hands of minors. He stated unlike liquor where a
minor's primary source is their parents; marijuana is distributed from friends and others. He also noted
they regulate packaging and serving sizes and require testing of cannabis similar to other agricultural
products. He distributed two brochures published by the Liquor Control Board regarding marijuana
facts and marijuana use in Washington State.
Councilmembers inquired about any lessons being learned in Seattle. Mr. Simmons noted
cooperation between state and cities would be helpful. There is currently a lot of public consumption;
and he would prefer more enforcement on the streets. Liquor Control Board can only regulate
establishments they license.
Councilmembers also asked questions regarding enforcement and prosecution in schools and with
underage possession and if today's marijuana is stronger than that used in the 60's and 70's. Mr.
Simmons noted enforcement of underage possession is a misdemeanor and he stated today's
marijuana more potent than late 60's and 70's. Liquor Control Board states THC levels back then
were- 5-8% and current THC levels are 15%-20%.
Citizen Comment (3 minute limit)
Sheryl Nevers, spoke to encourage the City Council to vote no on "pot shops" in Federal Way.
Jedidiah Haney, of Yakima, pro-cannabis activist,supports safe and adequate public access.Sharing
revenue back to the counties and cities is very important. He spoke to different cities where regulation
has been repealed. He spoke to how regulated cannabis works, and the need for production
standards.
Lawson Bronson, noted regulations already restrict location of businesses. The state is increasing
rules and it is premature at this point. He suggests continue moratorium another year until regulations
are cleared up at the state level.
James Zanetti, spoke against the moratorium and against the ban. He compared a ban to prohibition.
He feels users(adults and underage)will find the cities where it is available. He suggested regulating
and getting education out.
Leon Gardner, resident of Federal Way since 1988, part of the 53%of voters that voted. He has been
to the 1-502 stores in Tacoma, Des Moines, Seattle, and Eastern Washington. He stated they are
adult shops only, not for kids; and highly regulated. People are not loitering and causing trouble.
Matt Johnson, user of marijuana, spoke in opposition to a ban. He feels it is not as dangerous as
other drugs and has no physical effects.
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February 17, 2015
- Council Discussion
s on
Chief of Staff Brian Wilson stated the Mayor's Recommendation is listed as Option 1 on the Special
Meeting Council Bill. The recommendation is to adopt regulations related to the siting of recreational
marijuana-related businesses and/or collective gardens.
Councilmembers thanked Ms. Welsh and Mr. Simmons for the presentations and noted they would
like to review the information presented tonight; as there are arguments for both sides. They noted
while 53% of residents voted for 1-502;which allows for possession and use for 21 and over; it does
not speak to production, processing and sales. Therefore the city has the right to regulate marijuana
legally through the zoning laws.
Councilmembers also spoke to current pending legislation which they would like to review and current
lack of tax revenue.
EXECUTIVE SESSION
Mayor Ferrell announced the Council would be recessing into Executive Session at 6:26pm.
Property Acquisition pursuant to RCW 42.30.110(1)(b)
5. ADJOURNMENT
Council returned to chambers at 6:45pm.
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular meeting at 6:45pm.
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Approved by Council: 3/3/ 6
Federal Way City Council Special Minutes Page 3 of 3
February 17, 2015