City hires North Dakota law firm over diesel spill

The city of McCook will begin what looks to be a long process of recovering damages caused by a million-gallon diesel spill in south McCook.

The McCook City Council voted unanimously Monday night to hire William J. Delmore of Kelsch, Kelsch, Ruff & Kranda law firm of Mandan, N.D., to begin evaluating the damage caused by the diesel spill which originally was discovered in 1995.

Delmore has worked with the city of Mandan on a similar spill. He will bring his own expertise as the past director of Environmental Enforcement for the North Dakota Health Department to the investigation into the spill.

Delmore has assembled a technical team of petroleum chemists, hydrogeologists, soil engineers, industrial hygienists, environment physicians, structural engineers, appraisers of petroleum-impacted real estate, environmental engineers and structural engineers whose expertise will also be used in the effort.

The first phase of the process will be to evaluate the existing data available regarding the spill. This will include an on-site investigation and interviews with all persons and companies involved. Delmore also will coordinate visits with representatives of appropriate state and federal agencies to determine the feasibility of a cooperative and coordinated city, state and federal effort to resolve the issue as quickly as possible.

After the investigation is completed, the City Council will be asked to evaluate the results achieved and determine the city's next course of action.

The cost to retain Delmore will not exceed $15,000.

Several residents of areas the city is considering for annexation approached the council to voice their opposition to the plans.

Charles Dack of 1809 W. Third told the council the city had no right to take his land.

Councilman Lyons explained to Dack the city had no intention of taking his land.

"If you annex me in to the city of McCook, it's the same as taking my land," Dack argued.

Ron Friehe, who owns a development on the Heritage Hills Golf Course asked the council to present the affected homeowners with "good reasons." why they should support annexation.

"We need figures before we can come to a hearing and tell you what we want," he said.

The next step in the annexation process will be for the council to decide what course of action, if any, it would like to take in the annexation process.

The topic will be discussed at the regular meeting of the McCook City Council, Sept. 2, at 7:30 p.m.

The council tabled the scheduled public hearing for the 2003-04 budget after the McCook Gazette failed to publish the legal notice announcing the meeting.

That meeting was rescheduled for Monday, 7 p.m. in the Council Chambers of the McCook Auditorium.

The council voted unanimously on first reading to increase the sewer rates charged to McCook users.

The additional revenue gained from the increase will be used to offset bond payments for improvements made to the city's sewer plant and to make additional improvements to bring the system's ammonia content into compliance with Department of Environmental Quality requirements.

The increase is expected to cost residential sewer users about $2 additional each month.

In other action, the council:

Approved an ordinance granting a franchise to Charter Communications to own, operate and maintaining a cable system in McCook.

Approved the bid proposal for street improvements on Wedgewood Drive at the intersection of U.S. Highway 83 and E Street between West Fifth and Seventh.

Approved the Environmental Trust Fund Grant Application for a new recycling center-transfer station project in the amount of $400,000.

Approved the payment of a $185,000 bond with Highway Allocation Fund Refunding Bonds and repayment of the bonds through a highway tax levy. The transaction will save the city approximately $8,600 in interest.