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Minutes of the Arden Hills Regular Council Meeting, July 31, 1989 Page 2 CASE #88-36 (Cont'd) Filla stated that Hans Hagen has informed the Planner the variance is requested due to the topography of the land prohibiting placement of the proposed building further to the southeastern portion of the site to accommodate the parking. . Hans Hagen requested Council consider removing the restriction prohibiting rooftop mechanical equipment, which was included as part of the Planning Commission recommendation for approval; explained this was due to operating efficiency of the mechanical units. He stated the revised building plans include a portico on the front of the building and a parapet on the rear of the building to screen the equipment. Mayor Sather stated that the Zoning Code requires mechanical equipment on rooftops to be screened; for the record he advised Hagen if the proposed building design does not accomplish screening of the rooftop equipment, the City may require further screening. Attorney Filla advised a sign variance is also being requested. Councilmembers concurred that it would be appropriate to refer this matter to the Planning Commission for their review and recommendation based on the revisions and variances. Growe moved, seconded by Mahowald, that Council refer Case #88-36, Revised Site Plan, Hans Hagen, Cleveland and County Road E-2, to the Planning Commission for review and recommendation at their regular meeting held August 2, 1989. Motion carried unanimously. (3-0) . RES. 1189-42; TERMINATION OF THE KEM MILLING PURCH AGREEMENT Council was referred to a memorandum from the Clerk Administrator dated 7-28-89, relative to termination of the Kern Milling Purchase Agreement based on the results of Phase II of the Environmental Assessment. Berger recommended termination of the agreement until such time as removal and disposal of all hazardous materials is completed by Darling & Company. Attorney Filla reviewed the background of the purchase agreement; he suggested Council continue negotiations for acquisition of the site. Rolfe Worden, Attorney representing Darling & Company, suggested Council consider amending the purchase agreement rather than terminating. He stated it appears the major problem identified by Delta Environmental is removal of the underground storage tanks. Worden explained that Darling & Company would be willing to remove the two tanks and surrounding soils which appear to be contaminated or reducing the purchase price by $20,000.00 and the City would remove the tanks. Worden requested a full copy of Delta Environmental's report, with attachments, for their review. Tim Guzek, General Manager of Kern Milling, was also present and reiterated Worden's recommendation for amending the purchase agreement. . Attorney Filla commented that Darling & Company has indicated they would be willing to remove only two of the underground tanks, those which appear to have soil contamination, and have excluded mention of the remaining four tanks. Filla noted all problems identified in Delta's report would have to be addressed and due to the cost of the report, Council may include discussion of cost sharing for Delta's report in the negotiations for purchase of the site.