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