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HomeMy WebLinkAboutResolution 905RESOLUTION 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. • A panel of at least four feet by six feet shall be shown to and approved by Alan Olson of the City of Orono prior to the acquisition of and construction of the permanent fence. Alan Olson shall determine whether or not that panel meets the material and opaqueness requirements. 2. Northwest Cinema shall construct a temporary fence of galvinized chain link wire mesh, similar to those used in construction sites, which wire mesh will start at the ground level and'continue to a height of at least six feet, which fence must have sturdy posts on at least eight foot centers, the wire mesh shall be attached at least to the posts at the ground level, at the middle and at the top of the wire mesh in such a manner to insure that the wire mesh cannot be lifted from the ground to allow passage through the fence. The temporary fence shall commence at a point where the perma- nent fence along Blaine Avenue terminates, thence across the rear of the property in a manner to exclude the last two rows of speakers on the property, to the west boundary of the prop- erty, but no further than 5 feet east from the existing row of trees along the west boundary of the property; thence the fence shall continue along the west boundary of the property to the existing movie screen and there terminating, as shown on Exhibit A. A panel of at least 4 feet by 6 feet of the • proposed galvinized chain link wire mesh fence shall be shown to and approved by Alan Olson of the City of Orono prior to the acquisition of and construction of the temporary fence. Alan Olson shall determine whether or not that panel meets the material and other requirements as set forth herein. 3. The construction of a temporary fence similar to one as specified in paragraph 2 above, commencing at a point where the Kuhlburg fence terminates, thence to the existing fence around the city water tower, there terminating, as shown on Exhibit A. 4. All of the above fences shall be constructed and maintained at all times of the year during operation of the theatre to.insure that people cannot pass through the fence, so that the fences are aesthetically pleasing, and in the case of the wooden fence, so that all boards are maintained like a new fence. S. No operations of the theatre will be allowed until all fences as noted above are completed, inspected by the City of Orono, and approved by the City of Orono as meeting the requirements of this agreement. In the event, however, that construction of the required fence has commenced before Friday, May 19, 1978, the theatre may be operated during the week -end of • May 19-21, 1978, but shall not be operated further until said fences are completed. The City agrees to inspect the fences promptly upon completion. • 6. No use of the property will be allowed in 1978, except for the showing of movies in the evenings, residentual uses, or use by the church if.a permit is first issued by the City of Orono. 7. The Northwest Cinema Corporation will adhere to all other regulations of the city and all conditions of opera- tions for 1978, as shown in Resolution No. 898, adopted on April 13, 1978, except for paragraph 24 thereof, which is modified by the terms of this agreement. 8. There shall be no use of the property in 1979 for theatre purposes unless the permanent fence as specified in paragraph 1 above is first completed around the entire perimeter of the property. 9. Because Northwest Cinema Corporation has repre- sented to the city that it intends to terminate the use of this property as a theatre in 1978, and therefore does not wish to construct the perimeter fence all around the property in 1978, the City of Orono has agreed to the above modifications. However, because the city is not now requiring a fence all the way around the perimeter as has been recommended by the Chief of Police and the City Council, the City of Orono will and does reserve the right to require additional fencing in 1978, • if it is found after a public hearing that the fences required by this agreement are not sufficient to protect the health, safety and welfare of the citizens of Orono, or the patrons attending the drive-in or the police personnel called to assist at the drive-in. 10. This agreement in no way grants any continuing rights to Northwest Cinema Corporation. 11. This agreement must be signed by the applicant, by all persons who have any legal or equitable interest in the subject property, except the mortgagee. 12. If after operations have commenced, there appears to be a problem with parking on Blaine and Northern Avenue as determined by the Chief of Police of the City of Orono, then Northwest Cinema Corporation shall at its expense and subject to.direction of the Chief of Police of the City of Orono, install the necessary parking signs along Blaine Avenue and Northern Avenue to prohibit parking during the hours of the operation of the theatre. 13. If after operations commenced, temporary fence that people are congregating outside.ofthe to the rear of or to the western side of the theatre property • during the operations, and using those areas for parties, etc. during those time periods, then Northwest Cinema Corporation shall • have its off-duty officers patrol those areas to control and eject people that are so located and if such a procedure is not sufficient, then additional fencing may be required. 14. Northwest Cinema Corporation shall install a fence or a chain across that portion of the northern boundary of the property running from the railroad right-of-way along Blaine Avenue in such a way as to prohibit all the vehicular passage into or out of the property. William B. VanNest, Mayor Attest: Walter 'R: P16nson, Clerk/AdnXnistrator The undersigned have reviewed the foregoing draft Resolution, including Resolution No. 898 which is incorporated therein by reference. Solely for the purpose of avoiding further costly litigation including the pending action brought • by Northwest Cinema Theatre Corporation for a temporary injunction against the City of Orono and others, Hennepin County District Court file no. 745806, Northwest has agreed to construct the fences and implement the various operational procedures described Resolution No. 898 as amended by Paragraphs 1,2,3,4,5,6,7,11,12, 13 and 14 above. It is further understood by Northwest Cinema that the foregoing compromise agreement shall be construed to neither grant any continuing rights to Northwest Cinema nor to diminish any legal rights which Northwest Cinema may possess. Northwest Cinema through its officers has represented to the City of Orono that it is attempting to sell the Navarre Drive In Theatre property. However, no acceptable offers for purchase have been received at the date hereof. RTHWES7 CINEMA THEATRE / CORPORATION rvingBra erman, President I D - vv -- D. Randall Blohm, Secretary Adopted by the City Council of the City of Orono, Minnesota at a • regular meeting held Play 11, 1978.