Gardner City staff told the Economic Community Development Committee on Sept. 19 that contractor Busy Bee Nursery and engineer TimeBond have executed a $58,863 change order to complete Americans with Disabilities Act (ADA) accessibility work at Mackay Park and that funding has been identified to pay for the work.

Director Stevens, the city’s director of community development and planning, said the city has $60,237.90 available in the Mackay Park expenses account and that the signed change order covers the work. "Available budget at $60,237.90," Stevens said. He told the committee the change order covers 76 feet of railing, relocation and installation of accessible picnic tables, site preparation to change grades, and 229 square feet of concrete ramp and landing, with a 5% bond for a total quoted cost of $58,863.

The change-order line items the city provided include $15,360 for 76 feet of railing, $5,900 for relocation and installation of sycamore round wheelchair-accessible tables, $13,700 for site preparation of one concrete ramp and landing, $18,500 to form and pour 229 square feet of concrete ramp and landing, and $2,600 for transplanting shrubs and clean-up; a 5% bond is listed at $2,803. The contract lists TimeBond as the on-call engineer overseeing the change order and Busy Bee Nursery as the contractor.

Why it matters: Mackay Park has been the subject of ongoing concern from residents and the disability commission over ADA deficiencies. Stevens said city staff coordinated approvals and signatures from the mayor, the city solicitor, the city auditor and the procurement officer, and that the engineer will oversee construction to confirm compliance with the specifications.

Funding and schedule: Stevens said most of the money came from the downtown Phase 3 account and other remaining ARPA (American Rescue Plan Act) funds that had to be spent by Dec. 31. He said roughly $23,000 from the downtown Phase 3 allocation and other ARPA park funds (listed as the Bailey Brook park fund in the meeting) were moved into the Mackay Park account; the exact prior encumbrances and remaining balances were described as available in city budget printouts and can be provided at a future meeting. The packet lists substantial completion for the contract as Nov. 21, 2025; Stevens said work would be scheduled to avoid the city Oktoberfest event on Sept. 27, 2025 and that site work requiring warmer weather would be done earlier, with cleanup and non-weather-dependent tasks extending into November.

Committee actions: During discussion, the committee passed two motions related to Mackay Park. President Tyrus moved — and the committee seconded — a request that the mayor explain why downtown Phase 3 funds were made available for the Mackay Park change order; the motion carried on a voice vote. The committee also voted to ask the administration to provide the quarterly interdepartmental reports the mayor receives from departments involved in the Mackay Park work so committee members can review interagency coordination and progress; that motion also passed on a voice vote.

Oversight and next steps: Stevens said TimeBond will oversee the construction and confirm the work meets the ADA specifications when complete. He also said he has communicated with the disability commission and will continue to provide updates at their meetings and at committee meetings until the work is finished. Several committee members asked that the item remain on the committee agenda until completion so the council can follow progress and lessons learned.

The committee did not provide a numeric roll-call vote for the motions; the meeting record shows the motions were approved by voice vote.