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RESOLUTION NO. 905 RESOLUTION AMENDING RESOLUTION NO. 898 IN REGARD TO THE NAVARRE DRIVE-IN THEATRE WHEREAS, the City Council adopted Resolution No. 898 which relates to the granting of a license to Northwest Cinema Corporation to operate a drive-in in Navarre for 1978 subject to certain conditions, and WHEREAS, Northwest Cinema Corporation has sued the City of Orono contesting the validity of paragraph 24 of Resolution No. 898, and WHEREAS, Northwest Cinema Corporation has requested that the. City of Orono reconsider paragraph 24 of Resolution No. 898 since Northwest Cinema Corporation does not intend to operate a drive-in theatre on the premises in 1979 and there- after, and WHEREAS, Judge Kalina.of Hennepin County District Court • has denied the temporary restraining order requested by Northwest -Cinema Corporation against the City of Orono, and WHEREAS, the City of Orono wishes to assist Northwest' Cinema Corporation in its attempt to sell the property for other uses, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That based upon the representations by Northwest Cinema Corporation that the Northwest Cinema Corporation agrees to abide with all provisions of Resolution No. 898 as amended by this resolution, a limited license is issued to Northwest Cinema Corporation to operate in 1978 subject to the following: 1. Northwest Cinema Corporation first constructs a permanent fence, of natural unpainted cedar wood with verti- cal pickets, 100% opaque, which fence starts at the ground and continues to a height of at least six feet, with poles set on 3 foot center, and which fence shall commence at a point where the city's water tower fence starts, 15 feet into the property from the pavement on Blaine Avenue, hence 200 feet along Blaine Avenue, set in 15 feet from the pavement, and there terminating, all as shown on Exhibit A attached hereto. All debris, steel, cement and other junk located between the pro- posed permanent fence and Blaine Avenue shall first be removed by Northwest Cinema prior to the construction of the permanent fence.