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Session 1895 <br />August 23, 2003 <br /> <br />He does not feel the engineers issued what was requested, because they never <br />stated that Federal or County regulations prohibited the curb. <br /> <br />Ms. Welsch reiterated that there is need to know ADA requirements for a large <br />restoration or an historic site. <br /> <br />Mr. Lieberman raised the issue of liability, stating that standards including certain <br />specifications prohibiting obstructions from pool or deck surfaces could be used <br />in law suits as evidence of negligence. Mr. Ollendorff agreed with the accuracy <br />of this observation and cited an example of a law suit against the City relating to <br />an obstruction at the soccer dome, resulting in a $200,000 payment to the victim <br />and removal of the obstacle. <br /> <br />Ms. Welsch asked if a report had been received from the pool director stating <br />numbers and natures of accidents resulting from this curb. Mr. Ollendorff <br />reported there was no report because no records of serious injuries had been <br />kept. <br /> <br />Mayor Adams advised that information from the Consumer Products Safety <br />Commission was disseminated in meeting packets, and Mr. Lieberman quoted it <br />in respect of obstruction of pools and surfaces. <br /> <br />Mr. Munkel agreed with Mr. Ollendorff and Ms. Welch on the issue of <br />accessibility, pointing to the goal of making the pool more accessible to the <br />disabled, but advised it would eliminate wheelchair accessibility in the lawn area. <br />If someone in a wheelchair cannot move from the pool to the lawn, it could be a <br />legal issue. He disagrees with Mr. Wagner about the deck and its purpose, <br />which is currently used for sitting, lying, and moving about, and which has an <br />obstacle. He questions the accuracy of the cost figures, pointing to size <br />difference between the 4-inch pool curb and the 6-inch street curb. He called for <br />more information. Mr. Ollendorff reported the engineers' assurance that the <br />slope of the deck will not exceed a reasonable standard of 1:12, can be reduced, <br />and will not be dangerous. <br /> <br />Mr. Wagner emphasized it was a standard only. He does not agree that people <br />in wheelchairs cannot access the lawn area, because there is ramp access <br />provided. Nor does he think there is a hazard or impediment to people moving <br />around the pool. <br /> <br />Mayor Adams accepted that more information is required from ADA about <br />accessibility before a decision can be made and moved on to the next topic of <br />the recreation center. <br /> <br />Page 4 <br /> <br /> <br />