Chuck Magerl, owner of the Free State Brewing Co., simply thought he was being a conscientious merchant by regularly washing clean the sidewalk in front of his downtown business.

But city officials say Magerl is an example of business owners who are unwittingly contributing to pollution problems in the Kansas River. That’s because the tap water they use to clean their sidewalks picks up dirt, motor oil and every other type of contaminant that is found on sidewalks or city streets. The dirty water eventually washes into a nearby storm sewer that empties into the Kaw. City staff members maintain that the sidewalk washing practice is prohibited under the city’s stormwater management policy.

But Magerl isn’t buying he’s a problem, and neither were several city commissioners at a meeting Tuesday night.

“Our code is wrong, I hate to tell you,” said City Commissioner Mike Amyx, who also is a downtown business owner. “For years merchants have been cleaning their sidewalks this way. Our code is just absolutely wrong. You can’t keep downtown clean without doing this.”

The issue came up as part of a review process Magerl was going through to add a sidewalk dining area to his business at 636 Mass. As part of the site plan for the project, city staff members placed a requirement that specifically prohibited Magerl from washing the sidewalk area and allowing the water to drain into the storm sewer.

Assistant City Manager David Corliss said the practice already was technically prohibited but that city officials were trying to draw attention to it as businesses came forward for site plan approvals and other regulatory reviews.

“We’re trying to get the word out to property owners,” Corliss said.

Magerl said he was baffled by the requirement. He said he takes care to sweep up all the trash and other debris before hosing off the sidewalk. Magerl said if he didn’t wash the sidewalk off, the contaminants the city is worried about would simply wash into the storm sewer with each rain storm.

“I really believe everything we’re doing is absolutely safe,” Magerl said.

The Environmental Protection Agency has issued guidelines that direct cities to ensure that only water is being washed into storm sewers, city staff members said. But Magerl said the federal guidelines gave the city the ability to adapt their policies to allow for “best management” practices such as sidewalk cleaning.

City commissioners asked staff members to review the requirement and to meet with businesses.

“It seems like in the hierarchy of contaminants, this is a pretty low one,” said City Commissioner Mike Rundle.

City officials currently use a vacuum-like machine that sucks up debris from city sidewalks without depositing any water into storm sewers.

Commissioners did ultimately approve the Free State Brewery’s request for a sidewalk dining area, minus the sidewalk washing regulation. Magerl said the new seating area, which will have room for about 10 seats, should open in September.

Businesses oppose work at 33rd, Nieder

City commissioners Tuesday heard significant opposition from businesses around the 33rd Street and Nieder Road area about a plan that could lead to the installation of either a roundabout or traffic light at the intersection.

Officials with JC Penney, SuperTarget and Payless Shoesource told commissioners they opposed a plan that would require businesses in the area to pay for the estimated $600,000 worth of improvements. Several businesses said they did not want to commit to pay for a project before it was decided whether a roundabout or a traffic signal would be called for at the location.

Commissioners agreed to meet with the area businesses before moving ahead with the project. City staff members said there had been eight accidents at the intersection in the last two years.

Fine created for giving alcohol to minors

City commissioners approved an ordinance that brings city alcohol laws in line with state regulations.

Commissioners passed an ordinance that creates a $300 city fine for individuals who provide minors with alcohol. State law already made the practice illegal in the city, but because there wasn’t a city code addressing it, all cases had to be tried in Douglas County District Court. The new ordinance will allow cases to now be tried in Municipal Court as well.

It was approved by a 4-0 vote. City Commissioner Sue Hack was not at the meeting.

Budget comments bring funding requests

City commissioners were told to consider reinstating funding for the Lawrence Partnership for Children and Youth, and grant funding to add a position at the Lawrence Human Relations Commission. Those were the only two comments city commissioners received as part of a hearing seeking public comment on the 2006 budget process.

Last month a committee of the city commission recommended cutting all funding to the not-for-profit Partnership for Children and Youth, saying that there was a limited amount of money to spread around to deserving agencies.

Previously in the budget process, the city’s Human Relations Commission had asked for a new field representative who would help process discrimination complaints related to unfair housing or business practices. Commissioners haven’t made a decision on that request.

Awards presented to two educators

Two longtime educators received the Mayor’s Excellence in Education Awards at Tuesday’s city commission meeting.

Paul Stuewe, who recently retired after 19 years as a history and political science teacher at Lawrence High School, and Sarah Carttar, a 21-year veteran of second-grade classes at Schwegler School, received the honors.

Watson Park to become pesticide-free test case

Watson Park will become a pesticide-free park, city commissioners unanimously agreed Tuesday night.

City commissioners gave Lawrence Parks and Recreation leaders approval to move ahead on using Watson Park – located in the northwest corner of the downtown area between Kentucky and Tennessee streets – as a test case for determining the feasibility of maintaining a large park without pesticides or herbicides.