By MICHAEL LAFLEUR, Sun Staff   Lowell Sun  February 27, 2006

City Solicitor Christine O'Connor told city councilors during their meeting last night that the city will construct 30 new seats at the city-owned ballpark, which is home to the Lowell Spinners and UMass Lowell's River Hawks baseball team, including 15 wheelchair seats and 15 "companion" seats.

The seats will be built level with the field along the third-base line. They will be protected by screens and accessible from their own, street-level entrance.

"It will be the most dangerous seating in the park," O'Connor said.

She said the city and the park's architect, the international firm HOK Inc., would split the $59,000 legal tab for the case.

The issue dates to an Aug. 30, 2004, decision by U.S. District Court Judge Rya Zobel that wheelchair access at LeLacheur violates the Americans with Disabilities Act because it is not dispersed throughout the park.

City officials have been negotiating ever since with attorneys for the Lawrence-based Northeast Independent Living Program, which brought the lawsuit on behalf of several wheelchair-bound Spinners fans.

Reached at his home in Tyngsboro, Frank Berry, 47, the lead plaintiff in the class-action lawsuit, said he was "very excited" by news of the settlement.

"Let's just say it hasn't been a walk in the park as far as getting it done, but the fact it is being done is such a great thing," Berry said.

An avid Spinners fan, Berry first became part of the lawsuit because he was upset he was unable to sit with his children -- his daughter is now 18 and his son is 16 -- and their friends near the field during games.

Wheelchair-accessible seats now are located along LeLacheur Park's concourse. Berry said he felt isolated from his children and their friends while sitting there.

"Sitting up in back, you get a great view, but you're so far from the action," he said. "Dispersed seating, I don't even have the words to say how much it means. On opening day, we'll be there."

Charles Carr, executive director of the Northeast Independent Living Program, said he will also be at LeLacheur on opening day along with several other disabled Spinners fans.

"The victory is that we get to watch Spinners games," he said. "That's what it's all about."

In other action during last night's City Council meeting, councilors questioned City Manager John Cox on why he never informed them that the Spinners were planning to build a new, 80- to 100-seat section against the left-field wall even though the proposal first came before the Lowell Arena and Civic Stadium Commission more than a month ago.

Councilor Eileen Donoghue, whose motion prompted the discussion, said she was surprised by a Sun story on the Spinners' plans last week.

"It seemed like everyone's approved it, but we (councilors) haven't," she said.

Cox said "clearly, this must come to the council. The Spinners are aware of that," he said, adding that "there are still many unresolved issues with this matter."

In response to a suggestion from Councilor Armand Mercier that he notify the council in advance of matters he is considering that might be leaked to the news media, Cox said he always tries to keep the council informed of upcoming items that need their attention.

"But I've got to negotiate," he added. "It's very difficult to negotiate when things are out in the public when they shouldn't be."

Councilors voted 7-0, with councilors Kevin Broderick and Rodney Elliott absent, to ask for a detailed explanation of the proposal, and the arena commission's recommendations on it, for next Tuesday's council meeting.