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November 25, 2013
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Iowa Game
Surprising Spartans finish fifth at nationals SPORTS, page 5A
vs
Corning Winery
Nebraska Party Serving Corning Winery Wines, Wineritas and a variety of beers
Corning, Iowa
Friday, November 29
$10 per person includes food
Open at 9:30am Game 11:00am
Please RSVP, call 712-621-0671
City of Creston one step closer to Quiet Zone By KYLE WILSON
CNA assistant managing editor kwilson@crestonnews.com
The city of Creston took one step closer to becoming a Quiet Zone community earlier this month when the city council voted unanimously to hire Godbersen-Smith Construction Company of Ida Grove to construct concrete medians expected to increase safety at the two Creston railroad crossings in uptown Creston. Godbersen-Smith has been hired to construct three medians on Elm Street and two on New York Avenue (See maps Figure A) that will theoretically stop cars from going around the stop arms at those railroad crossings. “These medians must be within 6 feet from the tracks and curbs will be 8-inches tall,” said Kevin Kruse, Creston’s public works director. “Nobody should be going around the stop arms now, but Kruse you do see people do it from time to time. These medians — with an 8-inch curb — will definitely stop cars from trying (to go around the arms) and trucks who try will have a might rough ride.” Godbersen-Smith will also close several entrances/exits to parking lots along Elm Street and New York Avenue with new curb and gutter (Fig. B). The most noteable: The exit out of the restored Creston Depot parking lot on Elm Street will be blocked. (Fig. C) “We don’t want people making a left turn out of that exit,” Kruse said. Kruse further explains the reason the city doesn’t want commuters taking a left turn is because one of the medians being constructed by Godbersen-Smith will be a 12-foot wide median down the middle of Elm Street. (Fig. D) The purpose of that median is to create a safety mechanism of just one lane of traffic for commuters northbound on Elm Street.
The one lane for traffic eventually turns into two lanes prior to stopping at the Adams/Elm intersection. (Fig. E).
Biggest change Perhaps the biggest change for commuters will be Jefferson Street — from New York Avenue to Broad Street — will be one way westbound. Currently, Jefferson Street has two-way traffic. “Nothing will change for westbound traffic,” Kruse said. “Eastbound traffic will continue to yield at the Russell and Jefferson intersection, but instead of continuing on Jefferson, they will have to take Broad Street.” The reason Jefferson must be changed to one-way for one block is — according to safety standards — the curb must be at least 60 feet from railroad crossing. That curb protrudes enough that eastbound traffic would be obstructed. (Fig. F) The total cost to have Godbersen-Smith construct these safety standards is estimated at just short of $200,000. However, the city received a 90/10 grant from the federal government to pay for the construction meaning the city will only be responsible for about $20,000. The point of the work being completed by Godbersen-Smith is to increase safety at both railroad crossings so the city can apply with Burlington Northern Santa Fe to be a Quiet Zone community. “The train whistles for uptown businesses are so loud,” Kruse said, “that employees often times just have to stop conversation with the person they are on the phone with or talking to in person. A Quiet Zone would make life a little more pleasant for those people.” Kruse said after construction by Godbersen-Smith is complete and the city meets a list of BNSF requirements, they will then be able to apply to be a Quiet Zone community. Kruse said Godbersen-Smith will complete their work before winter 2014. Kruse is hopeful the city of Creston will be a Quiet Zone by “at least” January 2016.
Elm Street crossing
What is a Quiet Zone?
A Quiet Zone is a system — where strict safety standards are met — so that train conductors don’t have to sound their whistle upon entering a city or traveling over a railroad crossing. “It doesn’t mean they won’t sound their whistle,” Kruse said. “It just means they will only sound it if they have to or in emergency situations.”
N
E
New York Avenue crossing
C
N
F
A
D
B
B
A
B A
B
A
B
Both parties withdraw motions in Lakeside lawsuit By AMY HANSEN
OST news editor ahansen@osceolaiowa.com
OSCEOLA —During a Friday hearing at Clarke County Courthouse, Judge John D. Lloyd granted the withdrawal of two pending motions in the ongoing lawsuit of Wilson v. Lakeside Hotel and Casino. The lawsuit was filed by Gail Ann Wilson, a former guest service manager at Lakeside, against Bob Thursby, the general manager of Lakeside, Carol Eckels, the human resources manager, Lakeside Hotel and Casino and Affinity Gaming, the parent company of Lakeside. According to court documents, there was a joint motion from both parties to withdraw Lakeside’s request for a special protective order and Wilson’s request to reconsider
the orders to file under seal and to challenge Lakeside’s confidentiality designations. The lawsuit filed in Clarke County alleges Thursby made Thursby inappropriate sexual comments to employees and patrons, and Eckels had inappropriate sexual relationships with her subordinates and gave them more favorable treatment. The lawsuit states Wilson, a Native American, was fired in November 2011 “because of her race, national origin, sex and because she complained about what she believed to be unlawful employment practices.” Thursby and Eckels have denied
all of Wilson’s allegations in a legal response to the lawsuit.
Friday findings Court documents released Friday state the Lakeside defendants filed a motion for a special protective order in the lawsuit Oct. 7. Along with the special protective order, the defendants filed a motion to “file it under seal,” which was granted by the court later in October. On Oct. 21, Wilson resisted Lakeside’s motion for a special protective order and also filed a motion to reconsider the orders to file under seal and to challenge Lakeside’s confidentiality designations. A court hearing was set for Friday for all of the motions to be heard. Lakeside requested the hearing be closed, and Wilson resisted that request.
A letter was sent to Iowa Newspaper Association by Frank Harty, attorney for Wilson, from the office of Nyemaster Goode, P.C., in Des Moines. Harty wrote, “I thought the association would be interested in an attempt by Lakeside Casino to seal records in an employment litigation matter. What is especially troubling to me is that Lakeside has asked the court not just to seal all the records, but to close the hearing.” However, Friday’s hearing was open to the public and media.
Joint motion Court documents state both parties “have reached an agreement and resolved the above-listed issues that had been presented to the court, with the exception of the issue regarding confidentiality designations,
which the parties have agreed to continue to attempt resolution without the need for the court’s intervention at this time, and therefore, seek to withdraw certain motions.” According to court documents, Lakeside and Wilson jointly asked the court to maintain under seal any and all filings, regardless of who submitted the filings, only be available to be viewed, used and copied by the parties, counsel, court and authorized court personnel. Court documents state, “The continued sealing of these findings is not to be understood as an agreement or concession by either party as to the designation of such materials as ‘confidential’ under the protective order that has previously been entered in this matter.” A jury trial in the case has been scheduled March 3 in Osceola.
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Volume 130 No. 118 Copyright 2013
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Contents
Classified . . . . . . . . . . . . . 6-7 Comics . . . . . . . . . . . . . . . . . 4 Crossword . . . . . . . . . . . . . . 4 Deaths. . . . . . . . . . . . . . . . . . 2
Heloise Tips . . . . . . . . . . . . . 4 Local . . . . . . . . . . . . . . . . . . . 3 Sports . . . . . . . . . . . . . . . . 5-6
Tuesday weather High 25 Low 8 Full weather report, 3A