10/15/2002 - Sign CommitteeTo-Kn �
AGENDA
SIGN COMMITTEE MEETING
TUESDAY
OCTOBER 15, 2002
5:30 P.M.
EAGAN CITY HALL
CONFERENCE ROOM 2A & 2B
I. ADOPTION OF AGENDA
II. SIGN PERMIT REQUEST / NORTHERN POWER
PRODUCTS, INC.
III. OTHER BUSINESS
IV. ADJOURNMENT
city of eagan
MEMO
TO: CITY COUNCIL SIGN COMMITTEE MEMBERS BAKI EN AND FIELDS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 10, 2002
SUBJECT: SIGN COMMITTEE MEETING / OCTOBER 15, 2002
A Sign Committee meeting is scheduled for Tuesday, October 15, 2002 at 5:30 p.m. to discuss a
sign permit request by Northern Power Products.
Attached on pages 3— through -�— for Committee review is a copy of a memo and
correspondence from Roger Lervick and Code Enforcement Technician, Mary Granley.
City Administrator
Cc: Senior Planner Ridley
ms
r yw
city of eagan
TO: Tom Hedges, City Administrator
FROM: Mike Ridley, Senior Planner
DATE: October 10, 2002
SUBJECT: Signage Committee
131
As you are aware, the owner of Northern Power Products has contacted the city and written a letter
stating his dissatisfaction with the City Council's recent Sign Ordinance amendment that specified
allowed business and product identification.
Earlier this year, the Council Signage Committee and staff worked hard to find a solution to provide
product advertising to a degree and in a fashion that would not be detrimental to general aesthetics.
Obviously, there is no way to appease every interest in most situations, including this one, but I
think it makes sense to share concerns raised with the Committee.
Specifically, Mr. Lervick is not pleased because the amended ordinance does not allow him, or any
other business, to identify more than one product in addition to the actual business identification.
I have attached a copy of the recent letter submitted by Mr. Lervick and I can provide additional
historical information to the committee when we meet.
Please contact me if you have any questions or need further information
6
. N0RTHERR
D D
PRODUCTS, INC.
Ford Power Products
Kubota Industrial Engines
September 11, 2002
Mr. Thomas Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Dear Tom,
SEP 13 2002
I am writing you to summarize the steps we have taken to work with the City to seek
approval of plans for displaying product logo identification on the new building we occupy
at 2859 Lexington Avenue South.
As you are aware, this building was constructed last year and occupied in late November
of 2001. Our sign vendor, DeLite Outdoor Advertising, Inc. submitted a permit request for
our signage plan this past September and just prior to installing the signs they were
informed only a portion of the requested signs were approved, even though our
requested plan fell well within the square footage of space permitted for sign usage. The
portion of our request not approved was for product logos as they were interpreted to be
advertising. I met with you concerning this matter in early December to discuss this
matter and subsequently with a City Council sub -committee comprised of Council
Members Bakken and Fields as well as City Planner Mike Ridley. Also attending that
meeting were Doug Cole, Cole's Salon for You, as he too had experienced the same
problem with seeking approval for product logo identity on his new building, and Jeff
Evrard, DeLite Outdoor Advertising, Inc. Subsequent to this meeting and others by the
subcommittee a revision to the city sign ordinance was presented to City Council and
adopted at its April 2nd meeting.
During that meeting I presented the attached letter and graphic and explained that the
revision to the sign ordinance did not allow sufficient flexibility to a company like Northern
Power Products, Inc. which in order to be a viable entity in our industry needed to
represent multiple product lines. Several members of the council expressed sympathetic
views towards our situation and indicated a willingness to work with us to try meeting our
needs but still wanted the ordinance as written to be approved. Suggestions were
implied that if we were to lease a small amount of space to our product suppliers or file
Certificate's of Assumed Names with the Minnesota Secretary of State indicating we
were doing business in our product supplier's name, we could overcome the problem we
were faced with without having to have the sign ordinance changed. It was in this spirit
that we invested our time, money and effort to do exactly that. For your reference I am
attaching the certificates filed with the Minnesota Secretary of State's office along with
their*respective public notices published in the Dakota County Tribune.
2859 Lexington Ave. So. P.O. Box 21348 Eagan, MN 55121-0348 • Phone (651) 452-8900 • Fax (651) 452.-9182
On June 10, 2002 Delete Outdoor Advertising submitted, on our behalf, a request for
permit to have product logo's installed on our building attaching to that request the
Certificate of Assumed Name documentation on file with the secretary of state. On July
17, 2002 we were notified this request was denied explaining that the filing of these
certificates had not proven the establishment of a new business and that we were simply
an existing business that was transacting business under an assumed name.
Tom, I continue to be very frustrated with this matter and do not feel the city has worked
with us in the spirit indicated at the April 2nd council meeting. Northern Power Products,
Inc. has conducted its business in Eagan for well over 22 years. We have been a good
corporate citizen and last year elected to invest significantly in this community. Our
building is, we feel a compliment to the City of Eagan and we invested to keep jobs and
commerce in here in Eagan. My request is that you explore with city staff and the City
Council what can be done to assist us with a satisfactory solution to what we consider a
most reasonable request.
S'� t ,
og Lervic
President
Enclosures / 3
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Fagan, MN 55122-1897
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FZLI 651.681,4612
TDD: 651.454.8535
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3541 couhman point
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Xuly 117, 2002
Mr. Paul T. Radexmacber
DeLite Outdoor Advertising, Inc.
3435 -Washington Drivc, Suite 202
Ugan, MN 55 122
Post -Ir Fax Note 7671 M1, _ -7 p;,yes►
To tom
Co�evt. Co.
I�hen4 D ✓aAort! t
Fax s Fil A
RB: Northern Power products Request for Sign Famits
Dear Pato:
Stafthas reviewed your request For sign ponrau for Northern Power products, and the
accorzzpauying Cezrificates of Assumed N=e. - Northern Power Products, Inc, has .
executed two Certif cotes of Assumed Name (1Cabota Engines America and Ford Power
Products) explicitly stating ibatlhc true and correct name of the person coMuctiag the
business is Nottheru power Products, Inc,
It is our opinion, that the:tiing of a Certificate of Assumed Name does Aot establish a
new business, but solely identifies the assumed name under which an eXisting business
may transact business. Therefora, the ,request for additional sign permits has been denied.
Please eoawt me should you have my commm-as or questions.
Sincerely,
Mery
Code Fnforcement
Co: . Mike Ridley, Senior Plauaer
D...I... j I.,F 17 IA. A4kil
TOTAL P.02