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lOVSQ a placet) grew Carroll Daily Times Herald Vol. 105 — No. 143 Return Postage Guaranteed Carroll, Iowa. Tuesday, June 18, 1974 — Eight Pages Delivered by Carrier Boy Each Evening for BOc Per Week 15c Single Copy Paving Program Given Council Approval The Carroll city council Monday evening acted on the 1974 paving program, deleting some sections and in some cases lowering the proposed assessments against benefiting property owners. The action came in a public hearing on the proposed project. Streets that were retained in the program included those in the Maple Park area of town west of Highway 71,6th Street from Highway 30 to Quint Avenue, Vine Street from 7th to 8th Street, 8th Street from Vine Street to Forest Street, 1st Street from Whitney to Crawford Streets, East Street 28-feet north from 3rd Street, a portion of Timberline Road in Woodland Heights, Clark Street 500-feet south from Bluff Street (near St. Anthony Regional Hospital), a section of Valley Drive in the southeast part of the city, and 8th Street from Salinger Avenue to Highway 30. Alleys that were retained included the one heading north from the Carroll Community School central building, the one in the block bordered by 8th, 9th, Main and Court Streets, the one in the block bordered by 8th, 9th, Main and Adams Streets, and the one in the block bordered by 4th, Clark and Court Streets and Highway 30. The only alley to be deleted from the program is in the block bordered by 7th, 8th, Court and Clark Streets. The streets that were deleted from the program included four in Applewood Knolls, the street in Maple Park lying east of Highway 71, Quint Avenue from 6th Street to Highway 30, Anthony Street east of Grant Road, 13th Street east of Court Street and 18th Street east of Grant Road running in front of Fairview Elementary School. The streets in Applewood Knolls will be paved by the developer, Bierl Development Corporation, because the timing of the city's project does not coincide with the developer's plans. The street in front of Fairview school was deleted at the request of the School Board. In addition, the 1974 project includes the paving of both railroad crossings on Grant Road near the Farmland Foods plant at a total cost of $3,060 which will be assessed to the Chicago Northwestern Railway Co. Most of the discussion at Monday's meeting centered on the Maple Park area paving projects. That section of the project was passed by the council after deleting the street east of Highway 71 and after the council agreed that only 60 per cent of the assessment would be charged to the property owners with the city picking up the other 40 per cent. But shortly after moving on to discuss another section of the project, questions were raised from those in attendance at the meeting concerning the action taken, with many saying they did not know it had been under discussion and did not understand the action taken. So the council reopened the discussion concerning that section of the project. About 15 people in attendance then voiced objections to the project while about six spoke in favor of the proposal. After further discussion, councilman Darwin Bunger moved to rescind the previous action taken and made a new motion that the residential property owners in the area still be assessed only 60 per cent of the project costs with the city picking up the additional 40 per cent, and that the land in the area that is classified as agricultural land be assessed only 25 per cent of the cost and the city paying the remaining 75 per cent. The motion was seconded by councilman Lew Voyles. In the discussion that followed, those that had been objecting previously withdrew their objections and the motion was passed unanimously. All of the property owners who will be assessed for the project can, if they choose, make payments over 10 years. The first installment would be due 30 days after the project is completed, followed by nine other annual installments at a 7 per cent annual rate of interest. Property owners, with the noted exception of those owning property in Maple Park, will be assessed the full cost for street paving. But residential property owners will be assessed only 50 per cent of the cost for paving alleys while commercial establishments will be assessed the full cost of the alley improvements. The proposed assessments for the project cannot be increased from those listed in the notification to the property owners, but they could be decreased if the bids are lower than the engineer's estimates. Following the public hearing, the council directed the engineering firm of Henningson, Durham and Richardson of Omaha to prepare plans and specifications for those sections of the project that were retained and directed city attorney Ronald H. Schechtman to prepare a notification for prospective bidders and the form of contract for the project. I I Resurfacing of Streets Begins The resurfacing of the streets in downtown Carroll in connection with the urban renewal beautification project began at 7 a.m. Tuesday morning. The first street which will receive the asphalt overlay will be Main Street between 3rd and 6th Streets. The other streets to be resurfaced at 5th Street from Clark to West Streets; Adams Street from 4th to 5th Street; and Court Street from 4th to 6th Street. At a city council meeting Monday evening, the council was told that the work is expected to be completed within 10 days to two weeks. An engineer working on the project told the council that probably not more than two blocks would be closed at one time. In other matters, the council gave tentative approval to a report estimating how approximately $185,000 in anticipated Federal Revenue sharing funds will be spent by the city. According to the report prepared by city manager Arthur Gute, approximately $16,000 is earmarked for outdoor lighting in the mall area between the Court House and the new Community Center, $30,000 will be set aside to match $30,000 to be supplied by the Airport Commission to construct a new hangar at the Arthur N. Neu Municipal Airport, and $30,000 will be appropriated for a small computer for the Community Center. The remainder will be used, if needed, for the construction of a new well. If it is not needed for the well, the remaining funds will be used for the proposed improvements on Main Street between Bluff and Anthony Streets so the city will not have to issue general obligation bonds to finance the project. Gute emphasized to the council that this is only a tentative proposal, and changes can be made at any time. He also emphasized, however, that he felt the funds should be used for capital improvements. Council approval was given to an additional expenditure of $6,000 for a proposed new well at the south extension of Carroll Street to allow drilling to a greater depth. Public works director Leo Clark said »' that the water found at the current depth contains too much rust and recommended additional drilling in an .* attempt to find water of higher quality. it Council approval was also given to a request by ^ Arthur A. Neu to name the mall connecting 4th and 5th Streets between Adams and Main Streets "The Alley." The mall runs between two buildings being constructed by Neu in the urban renewal area. The council also approved the expenditure of $10,000 ., as the city's share of constructing a small building and installing a standby generator at the city's waste water ; treatment plant, if the Federal government will pay 75 - per cent of the cost. The $40,000 project has been recommended by Federal officials. The next council meeting will be held at 5 p.m., \ Monday, July 8 at the City Hall. Board Votes to Give Funds for Special Education Use The Carroll County Board of Education Monday voted to rescind its action of last month when it voted to turn over $185,066.12 to the county's general fund. Instead, the board voted unanimously to turn the money over to the four public school districts in the county to assist them in continuing the development of special education programs. The money is the amount of the balance the board had on hand at the end of 1973. State Auditor Lloyd R. Smith, outlining a special audit of the school system in February, labled that balance excessive. Smith said the balance on hand was nearly two-thirds of the total expenditures for the year, and said the balance should have been only about one-third of expenditures. He told the audience in February that the money belonged to the taxpayers. The board said in May it was returning the money to the county general fund in an attempt to rectify the audit situation, and to find out whether or not the money could legally be returned to the general fund. Board member Ivan Opperman, Manning, began Says State Can Prohibit Local Obscenity Laws Research Funds -Staff Photo Rodney Vohs. regional manager of the American Lung Association of Iowa. left, and Frank Liewer. executive vice president of the Commercial Savings Bank, examine the passbook containing $5.259.31 collected in the vvalk-a-thon in Carroll May 4. The money collected by the approximately 360 workers was withdrawn Monday for use in lung research. Additional funds are expected to be turned in soon. Vohs said. DES MOINES, Iowa (API- Iowa is within its rights, under federal law, in prohibiting local communities from passing obscenity laws, the Iowa Attorney General's office said Tuesday. The Iowa Legislature recently passed a new state obscenity law that goes into effect July 1. That law is designed to protect minors from pornography, but does not regulate adults. The new law prohibits local communities from establishing their own laws against pornography, and also voids any now on the books. "Recent decision of the U.S. Supreme Court do not forbid a state from prohibiting its counties, municipalities or other local units from passing obscenity laws or ordinances," said the opinion written by Asst. Atty. Gen. Fred Haskins. The attorney general's opinion was requested by Sen. Eugene Hill, D-Newton. In the letter to Hill, Haskins Government Will Purchase Beef WASHINGTON (AP) Rep. Keith Sebelius, R-Kan., said today the government has decided to purchase $100 million worth of beef and pork to help the depressed livestock market. Sebelius said he was informed of the decision by the White House and Department of Agriculture and a formal announcement was expected to be made this afternoon in Washington. Sebelius said from his office that the meat will be used to impro.ve the quality of the school lunch program. He said the decision is the outgrowth of a meeting recently with White House economic advisers and officials of the Department of Agriculture. Sebelius said he would continue to push for additional measures to provide price and income relief for beef producers. In Iowa developments "Trade is virtually at a standstill at our local markets," a Des Moines marketing specialist said as receipts fell off sharply during the first day of a beef hold-back by thousands of cattle feeders. "We'll just have to wait and see" what effect the tactic would have later this week," the U.S. Department of Agriculture specialist said in Des Moines Monday. Receipts were off markedly at Iowa terminal and interior markets, matching a trend elsewhere in the Midwest as producers began concerted action to combat low market prices. Officials said receipts were only about half to two-thirds of normal for a Monday, and - prices climbed by from $1.50 to $2.00 a hundredweight. Cattlemen who said they represented an investment in one million head of beef agreed last Friday to begin on Monday to withold their animals weighing less than 1,200 pounds unless they brought at least 40 cents a Beef, See Page 2 said "your question conceals a complicated issue of state law relating to the effect of the Home Rule Amendment of 1968 in the Iowa Constitution." Haskins noted this issue is presently in the courts and added he would not attempt to give an opinion on it. The Home Rule Amendment generally states that cities are allowed to regulate anything not prohibited by the state. Some attorneys feel that this means anything not regulate by the state prior to 1968, when the amendment was passed. The legislature passed the new obscenity law after the Iowa Supreme Court struck down a number of the state's obscenity statutes, saying they were constitutionally vague. The new law prohibting dis- cemenation and exhibition of obscene materials to minors essentially incorporates the U.S. Supreme Court's definition of obscenitv. The attorney general's opinion notes the U.S. Supreme Court's mandate that corn- temporary standards of the communuity be used to determine what is obscene. School Board Hopes to Use State Funds to Purchase 17 New Buses State funding, if available, will be used to purchase 17 buses for the Carroll Community School District to allow the district to comply with a new state law. The action came Monday night at the regular Carroll Community School District Board of Education meeting. Two of the buses would be for delivery this fall, while 15 would be delivered by the fall of 1976. The new buses are needed due to a law the 1974 legislature passed providing for the transportation of nonpublic school students by public school systems. The board Monday also raised salaries of secretaries and custodians and rehired an auditing firm. The new transportation law makes it mandatory that public schools provide transportation for private school students. The board heard Supt. Allen N. Stroh and Gary Tessmer, Asst. supt. in charge of business affairs, report on a meeting they attended in Des Moines Monday, June 10, in which the new law was discussed. After hearing the two, the board decided they should wait for an attorney general's opinion clarifying the law before taking further action. The two buses the board wants this fall would be used to pick up students in the Breda area, where no bus service now exists. The other 15 would be used throughout the district. Tessmer, who is in charge of the district's transportation, said that delivery of the 15 buses could not be made by this fall, when the law takes effect, because it takes the bus companies about a year after an order is received to deliver the buses. Originally Tessmer's recommendation called for the purchase of two buses for Breda and three other buses to be incorporated with the present Kuemper High School fleet. But Tessmer said that more than five buses would be needed to fulfill the requirements of ine law. After discussion he upped his recommendation to 17 buses. Board member Gerald Haubrich said the district should buy "all the buses we can get now" because state funds might not be available again. Board member Donald Jones agreed, saying, "I don't think we would be doing the people in our district justice if we don't buy the buses. No school district monies would be used to purchase the new buses. The board decided to wait for clarification from the attorney general because of several ramifications his opinion may have. Questions that the board has include whether or not the district could pick up students door-to-door or at certain collection points as Kuemper does now. The general agreement on this was that door-to-door collection .of all students would be impossible by this next school year. Buses would not be available in time, the board said. Another question the opinion could answer is one concerning private school students crossing district lines. The state department of public instruction has said it feels the law does not allow a public school bus to cross into another district to pick up students going to private schools. The district could be responsible for about 200 private school students that are outside the Carroll Community School District. Tessmer expressed a fear that "transportation will start to dictate the educational programs" if an adequate solution isn't reached to simplify the district's busing needs. On another subject, Tessmer said that usually in June bids for gasoline for buses are ready. This year, however, he said allocations of gasoline are "very unstable" and it is hard to estimate the amount of gasoline needed to transport the private school students. In light of the problem, Tessmer recommended the district stay on the current contract for another month. The board agreed. Secretary salaries were increased nine per cent, as Supt. Stroh had recommended. Stroh said this would keep secretaries in line with most other employes. The board raised custodians' salaries 4Vz to nine percent. Earlier, the board hired Olson and Co., Carroll, an audit firm that has been used by the district the past 15 years. Mrs. Ann Poland was released from her teaching contract to take a position with the Carroll County School system. The board waived a policy of not letting organizations use district buses so that the Carroll County Farm-Industrial Tour could use five or six buses in July for the annual event. The Carroll Chamber of Commerce sponsors the tours. Also discussed was whether or not the district wanted to go in with another district for a vocational education center. The board took no action on Buses See Page 2 Hang in There -Staff Photo He doesn't resemble Brooks Robinson yet, but six-year-old Mark Richardson tries as hard as anyone. Mark and ten-year-old Donald Loneman were playing catch in Mt. Carmel Monday and sometimes the ball just happened to slip by the young infielder. Mark is staying with his grandparents, the A. J. Walkers of Mt. Carmel. Donald's parents are Mr. and Mrs. Merlin Loneman, also of Mt. Carmel. the discussion of what to do with the money Monday night saying that since the money was originally raised for education, that he favored giving it to the public schools in the county. Opperman first suggested dividing the money equally among the four public schools, and then suggested the money prorating the money among the schools according to enrollment. The motion to give the money to the public school districts finally read that the money would be prorated to. the schools in proportion to their assessed valuations. The board agreed this way would be the most fair to all schools. A breakdown of the amount which will be given to each school district according to the assessed valuation basis is: Manning, $27,812.94; Coon Rapids, $22,634.90; Glidden-Ralston, $27,056.94; and Carroll Community, $107,559. These figures were calculated by county auditor William C. Arts, Jr., Tuesday morning. The motion to give the money to the school districts stated that "we spend the unused balance in the following manner: to further the special education program as developed by the Carroll County Board of Education by distributing our unexpended balance of $185,066.12 to Carroll Community, Glidden-Ralston, Manning and Coon Rapids in proportion to their assessed valuation, as determined by the county auditor, to assist them in providing for their special education programs." Opperman said that one of the things he had in mind in suggesting the change in how to handle the balance was to help Carroll Community and Coon Rapids in their bond issue attempts, and to help with other capital improvements in other districts. notation of aiding school districts with their special education programs because the board said the money was originally raised for the county system, which is most often identified with special education programs. Although the board said it realized it would have no control over the money once given to the school districts, it expressed reservations about turning the money over to the general fund where the chances of it being used for education were slim, it said. The board said in May that it wanted to take the action of returning the money even though being advised against such a move by several sources. Members on the board said last month they felt if they asked for opinions before deciding what to do Board See Page 2 Area Forecast Partly cloudy Tuesday night and Wednesday with a chance of scattered showers or thundershowers. Lows Tuesday night around 60. Warmer Wednesday with highs upper 80s. South winds eight to 15 miles per hour Tuesday night. Rain chances: 30 per cent Tuesday night and Wednesday.