Bids on additional work to the Salem Road extension between Meadowlake Road and Highway 64 will be held in committee pending further legal review of a contract with asphalt company Rogers

Group, Inc.

The Conway City Council made the decision unanimously at Tuesday night’s regular meeting.

Mayor Tab Townsell told members of the council that the acceptance of a low bid by Cranford Construction in the amount of $478,789.50 for work on the extension would mean a termination of contract with

Rogers Group, Inc., who were hired to do the pavement work on the Salem Road project in June of 2008.

The city’s contract with Rogers Group, Inc. also provides for the maintenance of city streets through the remainder of the year.

City Engineer Ronnie Hall told members of the council that since the extension’s opening to traffic in Sept. 2009, the initial two inches of pavement have cracked along most sections of the street.

Additionally, Hall said, Rogers Group, Inc. failed to place the finished surface course to the roadway before wet and cold weather prevented the work, though they were called to do so "on several occasions."

Hall said areas of failure and needed repair continued to expand along the roadway throughout the winter and spring months, and that the final layer of asphalt on the extension now cannot be placed until the initial layer is repaired.

Legal representatives with Rogers Group, Inc. denied the city’s claim of abandonment on Monday, saying the company was never again authorized to return to the site.

Hall told council members the estimated cost of removing the failed asphalt placed by Rogers Group, Inc., and the replacement of two inches of binder course paving is $110,000.

City Attorney Michael Murphy advised council members that a closer inspection of the contract’s "breach of contract" and "final inspection" clause was necessary, though he believes the general conditions of the contract provide for the right to terminate the agreement at any time.

Hall said the work bids are good for 30 days, but a special meeting of the council within the next two weeks will be necessary to ensure the finishing of pavement at the new fairgrounds site in time for the fair in September.

In other action, a request for a conditional use permit to allow a taxicab stand or dispatch station at a residence located at 704 Sixth Street was revoked by April Guy, owner of Conway City Cab.

"We came for a permit and now we are requesting it be tabled," Guy said. "We were requesting something we didn’t want out of confusion." Guy admitted to previously dispatching taxis from her employee’s residences, but said that the activity had ceased since she was recently made aware of the illegality by the city.

Townsell said the issue would be tabled for further review, as any decision by the council will effect the operation of all of the city’s taxi services.

The council also voted to approve:

• An ordinance closing four utility easements located in Woodland Springs Subdivision, Phase III along Lot 122, 123 and 124.

• An ordinance closing a street right of way known as Edgewood Drive located in the Second Baptist Subdivision.

• The nomination of James Bruce and Lynn Ramage Schaefer to the Bicycle Advisory Board.

• A resolution ordering the demolition of a fire-damaged structure located at 11 Mockingbird Lane.

• Resolutions requesting the Faulkner County Tax Collector to place certified liens on properties located at Mildred Street Parcel No. 710-04605-000 ($125.10), 3880 Rupert Drive ($153.10) and 1515

Freyaldenhoven Lane ($166.72) as a result of incurred expenses by the City.

• The reallocation of certain funds within the Community Development Block Grant Program.

• Approval of contracts for the 2010 CDBG funding recommendations.

• An offer and acceptance for property located at 819 Siebenmorgen and 1416 and 1429 Sutton Street.

• An ordinance to rezone property located at 2600 College Avenue from R-1 to O-2.

• A consideration to obtain 2.16 acres of right of way at a cost of $20,000 from Mr. J.E. Williams for the Museum Road Extension (Siebenmorgen Road to Lower Ridge Road).

• An ordinance approving the donation of a phone system from the Conway Fire Department.

• An ordinance appropriating reimbursement funds from the Secret Service for the purchase of equipment in the amount of $ 1,414.76 to the Conway Police Department for FY2010 expenditure requests.

• An ordinance appropriating insurance funds in the amount of $10,017.99 for the repair of damaged vehicles to the Conway Police Department.

• An ordinance appropriating asset forfeiture funds in the amount of $5,000  to replenish confidential buy money for the Conway Police Department.