Getting caught with marijuana in Lawrence should have consequences, but city commissioners Tuesday night weren’t able to lift the haze about how steep they should be.

Commissioners came within one vote of imposing a $300 minimum fine for a proposed ordinance that would allow people charged with first time marijuana possession to be tried in Municipal Court.

Commissioners Sue Hack and Mike Amyx strongly lobbied for the change. Commissioner David Schauner said he could support it also as long as the judge had the ability to reduce the fine if specific mitigating circumstances were found.

“We have a minimum fine for stormwater violations of $250, so I think a $300 minimum fine for marijuana possession is reasonable,” Hack said. “I have spent an awful lot of time with young people, and I just can’t condone minimizing the possession of an illegal substance.”

But Schauner couldn’t offer specific language on what those mitigating circumstances should be, and Amyx and Hack said they couldn’t support the compromise until they saw more specifics. Staff members are scheduled to bring back specific language at the commission’s Nov. 29 meeting.

Mayor Boog Highberger didn’t support a $300 minimum and Commissioner Mike Rundle said he would want the judge to have broad ability to deviate from the $300 minimum. Both said they believed the judge should be able to fully consider the circumstances of the case when handing out a fine.

The state law, which is used for all marijuana cases in Douglas County District Court, does not impose a minimum fine. Laura Green, executive director of the Lawrence-based Kansas Drug Policy Forum, proposed the new city ordinance because she argues that since Municipal Court cases generally move quicker than District Court cases, it will allow police officers and prosecutors to be more efficient. Municipal Court convictions also do not trigger a federal provision that can stop some students from receiving financial aid.

But the thought of a $300 minimum fine has her concerned.

“Marijuana possession doesn’t affect another person or another person’s property or the environment,” Green said. “I believe $300 is outrageous when you consider the minimum fine for a first-time DUI (driving under the influence) is only $500. The relative harm to society for a little bit of marijuana is just not $300.”

Commissioners were given information about several other Lawrence ordinances that impose minimum fines. They included $50 for a noise ordinance violation, $100 for a fire code violation and $300 for a minor in possession of alcohol violation.

But commissioners also were given information that 32 of the 50 largest cities in the state have an ordinance that allows first-time marijuana possession cases to be tried in Municipal Court. Of those 32 communities, only three – Overland Park, Olathe and Garden City – impose minimum fines.

“Topeka does not have a minimum fine, and I don’t think Topeka has become a hotbed of drug use,” Mayor Boog Highberger said.

The Lawrence ordinance does adopt the maximum state fine, which is $2,500. State law does not allow cities to lower a maximum fine.

Kasold Drive design changes again

A design to rebuild Kasold Drive between 22nd Street and Bob Billings Parkway has changed again.

City Commissioner Mike Rundle said he had changed his mind since a previous meeting last month when he broke a 2-2 tie and voted for a compromise design that was an attempt to minimize the road’s effect on residents who live along the road.

But the compromise involved reducing the sidewalk from eight feet to six feet. Rundle said that after further thought, he decided the wider sidewalk was too important to lose.

Neighbors urged commissioners to stick to their previous vote. Several said they now would force the city to purchase construction easements in order to put equipment and people on their property to build the road. Price Banks, who is a neighbor and an attorney, told commissioners it could cost upwards of $100,000 to purchase all the easements from the necessary property owners.

Commissioners Sue Hack and Mike Amyx voted against changing the plans.

Neighborhood building permit moratoriums extended

City commissioners unanimously agreed to extend a building permit moratorium in the Hillcrest Oread and Pinckney neighborhoods until Feb. 1.

The moratorium is in place to give city planners time to complete several rezonings of property. The rezonings are being sought because they have zonings that allow a higher use than currently is found at the site. For example, many of the rezonings seek to change the zoning on single family homes that are currently zoned for duplex or apartment uses.

Commissioners did agree to allow a duplex project proposed for 500 Florida Street to apply for a building permit. Commissioners said that they wanted the moratorium to essentially only apply to the handful of properties that are undergoing rezoning, rather than the entire area.

Learnard Avenue development approved

Commissioners unanimously approved a five-lot, single family development for 1801 Learnard Ave., even though Lawrence-Douglas County Planning Commissioners had recommended denial.

Commissioners said the project proposed by Lawrence resident Steve Standing fit in well with the unique “rural-like” setting of Learnard Avenue, even though it was not a typical city development.

Standing is proposing to build houses on lots of about a half-acre each.

Wastewater Master Plan contract approved

Commissioners unanimously approved a contract with Black & Veatch engineering for $80,500 to update the city’s 2003 Wastewater Master Plan.

The study is designed to examine the northwest area and determine the impacts of growth on the city’s sewer system. The study is part of a plan put forward by city staff members to determine whether additional improvements are needed to the area’s sewer system before final approval can be given to proposed developments in the northwest area of the city.