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01/02/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 2, 2001 A regular meeting ofthe Eagan City Council was held on Monday, January 2, 2000 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Councilmembers Bakken, Carlson, Fields and Tilley. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. The Oath of Office was administered by Deputy Clerk McGarvey to newly elected Councilmembers Meg Tilley and Cyndee Fields. AGENDA Mayor Awada suggested that two additional items be added to the Administrative Agenda as follows: A. Schedule Special City Council meetings for January 16, 2001 and January 30,2001. B. Discuss request for exit interviews from former City Councilmembers. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 MINUTES OF THE DECEMBER 19, 2000 SPECIAL COUNCIL MEETING Former Councilmember Blomquist, via telephone call to the Administrative Secretary, requested that on page one under Minutes of the November 20,2000 Special Council Meeting, the following amendment be made to the first sentence: Councilmember Blomquist asked what official records will be kept regarding comments from residents made at special meetings held to discuss the July storm. Mayor Awada suggested that on page 7, paragraph 4, under the Project 768 and Project 790 clarification be made to indicate the public hearing for January 16,2001 will be for revised Project 790. Councilmember Tilley suggested that on page 8 more detail be given concerning the Cedar /13 Redevelopment Process discussion. Mayor Awada directed the Administrative Secretary to review the audio tape of the meeting and include a summary of the discussion. Mayor A wada moved, Councilmember Bakken seconded a motion to continue approval of the minutes until the January 16,2001 Council meeting. Ayes: 5 Nays: 0 VISITORS TO BE HEARD Ray Martin, 1606 Sherwood Way, asked if the City had taken a stand on the proposed expansion of the Mall of America. Mayor A wada stated there has been no discussion by the Council regarding the Mall of America but it will be brought up at a future date. Mr. Martin stated he felt the expansion of the mall would impact Eagan and the City should be prepared. STORM UPDATE A six minute segment of the Community Journal program produced by BurnsvilleiEagan Community Television regarding Eagan's storm recovery activity was shown. CENTRAL PARK UPDATE City Administrator Hedges stated that there will be a discussion of the budget at the January 16, 2001 Special City Council meeting. Eagan City Council Meeting Minutes January 2,2001 Page 2 CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the following: a) For regular non-collective bargaining employees, a compensation rate increase of 3% across the board effective the pay period closest to January 1, 2001. b) With the exception of election judge rates and seasonal and temporary Parks and Recreation employees, compensation rates for temporary, non-collective bargaining employees also will be increased by up to 3 %. c) Car expense allowances for the City Administrator and Department Heads will be increased by 3%. d) Mileage will be set at the IRS amount (the 2000 amount is 32.5t a mile). If the IRS increases or decreases this amount, the City's amount will automatically adjust to the new IRS rate. e) The City's contribution for family health insurance premiums will increase by $36.26 per month (half the total dollar increase for 2001). Item 2. It was recommended to accept the letter of resignation from Michael Anderson, temporary building inspector. Item 3. It was recommended to accept the letter of resignation from Sam Schooler, Community Service Officer for the Police Department. Item 4. It was recommended to approve the hiring of Keith Wallace, Randy Boyden and Brad Champlin as part-time seasonal winter sports officials. Item 5. It was recommended to approve the hiring of John Koniges as a part-time seasonal lifeguard for Cascade Bay. Item 6. It was recommended to approve the hiring of Jamie Bouford as part-time seasonal lifeguard instructor for Cascade Bay. Item 7. It was recommended to approve the hiring of Kassandra Deml as a part-time deck manager for Cascade Bay. Item 8. It was recommended to approve the hiring of Patrick Budion as a part-time seasonal mentorship coordinator for Cascade Bay. Item 9. It was recommended to approve the hiring of John Hayden, Ryan Moy, Christina Walerak and Tommy DuBois as part-time seasonal winter recreation leaders. B. Amendments to the 2001 Fee Schedule. It was recommended to approve amendments to the 2000 Fee Schedule. C. Proiect 800, Cedarvale Access Modifications Street Intersection Reconfiguration. It was recommended to receive the draft feasibility report for Project 800 (Cedarvale Access Modifications - Street Intersection Reconfiguration) and schedule a public hearing to be held on February 6,2001. D. 2001 Consulting Engineering Rates. It was recommended to approve the general engineering rates submitted by the designated consulting engineering companies for services to be provided in 2001. E. Radio Communications Consultant Agreement. It was recommended to approve an agreement for Radio Communication Consulting Services with PSC Alliance, Inc., and authorize the Mayor and Deputy City Clerk to execute all related documents. Eagan City Council Meeting Minutes January 2,2001 Page 3 F. Proiect 809, Blue Gentian Road Extension. It was recommended to receive a petition and authorize SRF Consulting Group, Inc., to prepare a Feasibility Report for Project 809, Blue Gentian Road (Street & Utility extensions). G. Name Change for Hunan Garden Restaurant. It was recommended to approve a name change from Hunan Garden Restaurant to Hunan Garden, Inc. H. 2001 Licenses. It was recommended to approve a license renewal for the year 2001 for tobacco and an application for a pet shop license. I. Name Change for Sid's Discount Liquor. It was recommended to approve a name change from Big Top Liquor located at 3900 Beu d'Rue Dr. to Sid's Discount Liquor. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the consent agenda. Ayes: 5 Nay: 0 OLD BUSINESS FINAL PLANNED DEVELOPMENT (REZONING) AND PRELIMINARY SUBDIVISION (CRANE CREEK ADDITION) - WENS MANN REALTY City Administrator Hedges introduced this item, stating it had been continued from the December 4,2000 City Council meeting to provide time for the applicant to meet with abutting property owners regarding perimeter landscaping. He further stated that the neighborhood meeting had occurred and that the applicant had also addressed traffic related concerns associated with the development proposal. He noted that a letter had been received from John Chapdelaine opposing the project. Councilmember Bakken moved, Council member Carlson seconded a motion to approve a Final Planned Development (rezoning from R-l, Residential Single Family and R-4, Multiple Residential to PD, Planned Development) to allow the construction of 64 townhomes (within 17 buildings) upon a 14.1 acre site located south of Trunk Highway 55 and east of Rita Court (within the northeast V4 of Section 12) subject to the following conditions: 1. The property shall receive final subdivision approval prior to building permit issuance. 2. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. 3. The following exhibits are required for the Final Planned Development Agreement: A. Final Site Plan B. Final Landscape Plan C. Final Building Elevations and Signage Plan 4. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA. 5. The developer shall ensure that any subsequent owners and managers shall inform prospective residents that the subject property is within an aircraft noise impact area. 6. All trash handling and recycling receptacles shall be located indoors. 7. Additional landscaping (plantings, berms or combination thereof) shall be provided between the proposed Chapel Lane access and the adjacent single family homes. 8. All site signage shall comply with applicable provisions of the City Sign Code. 9. All on-site street lighting shall be hooded and directed to deflect light away from adjacent properties. 10. An undisturbed and unmaintained buffer extending at least 30 feet back from the delineated boundary of the wetland shall be preserved. Eagan City Council Meeting Minutes January 2, 2001 Page 4 11. An unobstructed fire lane not less than 20 feet in width shall be maintained within the development. Such fire lane shall be signed as deemed appropriate by the Fire Marshal. 12. To add additional visual interest and character to the townhome structures, contrasting window trim shall be provided. 13. The developer shall meet with City staff and the neighboring property owners prior to final approval of the Landscape Plan and that the developer shall work with the neighbors at the time of installation. 14. A six foot vinyl fence will be installed on the east side ofthe home located at 603 Chapel Lane to extend back in order to shield headlights. 15. The proposed center island will be removed from the plans for the Chapel Lane entrance. The planned sidewalks will stay on both sides of the entrance. 16. Some of the shade trees planned for the new entrance will be exchanged for evergreens of the Colorado, Blue and Black Hills spruce varieties. The number of trees planned along the entrance will be increased so long as recommended spacing allows for it. 17. Some of the shade trees planned for the area behind the back property line of 585 Chapel Lane will be exchanged for evergreens. 18. The developer agrees to exchange coniferous trees for deciduous trees and to use a retaining wall, where feasible, to save significant trees. 19. There will be an underground sprinkler system installed throughout the development for the benefit of the landscaping. Councilmember Tilley, in reference to the letter from Mr. Chapdelaine, asked if the widening of Chapel Lane will be assessed to the residents along Chapel Lane. Public Works Director Colbert stated there had been no determination made that the street will need to be widened. He stated a project will come before the Council in the next couple of months dealing with the rehabilitation of the streets in that neighborhood, and at that time, a determination will be made regarding assessments. He stated that the street project is not related to the proposed Wensmann development. Chuck Ahlberg, 565 Chapel Lane, stated that he felt the upgrading of Chapel Lane is definitely a part of the proposed project and will be a major expense. He went on to state that in fairness to long term residents, the only fair thing to do is to consider the costs of the improvements of Chapel Lane the responsibility of the developer. He further stated he had not been approached regarding landscaping adjacent to his property and that he had not been notified of the meetings. Earl Elling, 3295 Highway 55, expressed concern over increased traffic volumes and safety issues. Rob Tapp, 3325 Highway 55, presented and read a petition opposing the proposed development. He displayed a map that indicated where the residents who signed the petition live in relation to the proposed development. He also discussed other developments and businesses in the area that will generate increased traffic. He stated that although he has only lived in the area for three years, the average resident in that area has lived there 20 years and they want to see the area developed in a more consistent manner. Mayor Awada stated that the City has received some letters in support of the proposed development, in light of possible alternatives, such as apartment buildings. David Meyer, 526 Chapel Lane, stated that the residents in the area are not opposed to a development going in, but they want a proper one and he feels that Chapel Lane does not meet City Code. Mayor Awada stated that Chapel Lane was constructed 50 years ago and that it does meet Code. Lynn Koslosky, 585 Chapel Lane, stated the main concern of the neighborhood is the road and that current residents should not have to pay for the upgrade. Eagan City Council Meeting Minutes January 2, 2001 Page 5 Brent Larson, 3235 Random Road, stated he has lived in the area for 22 years and asked that the new City Council members take a physical look at the area. He further requested that an overlay not be done on the road. Laura Helm, 3927, Valley View Drive, stated she is interested in purchasing a home in Eagan and if the developer is forced to downsize the proposed development, thus increasing the price of the units, she would not be able to afford a home in Eagan. Terry Wensmann stated he felt the neighborhood meetings had been successful and that he has been as accommodating as possible. He further stated he has no control over the traffic issue and does not know what more he can do. Steve Tietjen, 555 Chapel Lane, expressed concern over increased traffic. Lynn Larson, 3235 Random Road discussed her concern regarding safety of children walking in the area. Jerry Grothe, 642 Rita Court, stated he had met with Mr. Wensmann and likes the proposed plans but is concerned over the increased traffic. He asked that the Code requirements for city streets in the area be explained. Public Works Director Colbert stated the streets are built to City standards. He further explained that Chapel Lane has a "choker" which is designed to slow or calm traffic. He stated that this design will be reevaluated to see if changes need to be made as far as widening the road. He also addressed the 90 degree turns on Chapel Lane, stating that issue will also be evaluated. He stated that he does not anticipate any major or significant reconstruction costs at this time. Sharon Manninen, 624 Sally Circle, expressed concern over safety and the lack of areas to walk. Chuck Ahlberg, 565 Chapel Lane, asked that the Council come out and walk the site. He stated that the road will have to be upgraded to accommodate the proposed development. David Meyer, 526 Chapel Lane, stated when he built his home recently, he was assessed $1,800 for the upgrading of the road. Mayor Awada asked Mr. to bring any information regarding this assessment to City Hall for review. Councilmember Carlson explained that she knows the property well, as she lived across the street from the proposed site for 17 years. She went on to explain that the property is zoned for apartments and that the proposed Wensmann project is considerably lower in density than what could potentially be constructed. Mayor Awada stated there has been at least 4 or 5 proposals for the property, and that it is currently zoned for apartments. She stated that having a proposal for 64 townhome units is incredible. She stated she understands the concerns regarding traffic and that the issue of Chapel Lane will be brought forward to the Council. She stated that funding for the upgrade of Highway 149 will continue to be sought shortly. Councilmember Carlson stated she has a list of items that need to be addressed when the improvement of the road is brought before the Council. She further stated that she feels this is a good proposal and that the road issues can be worked out. Councilmember Tilley stated she feels the road situation is an issue in regard to the proposed project and also thinks the project is too dense and would dramatically change the area. Mayor Awada explained that this proposal is probably as good as can be expected in light of the current zoning in the area. She went on to explain that the developer and property owner have a right to develop the property as long as it is in compliance with the zoning. She agreed that the road needs to be upgraded but the City cannot force a developer whose property does not border the road in need of improvement to pay for the upgrade. Eagan City Council Meeting Minutes January 2,2001 Page 6 She reiterated that the proposed development and the upgrade of the road are two separate issues. She also stated that she felt the Council has been pro-active in regard to this property. Residents questioned the possibility of installation of traffic signals by MNDOT at Louis Lane and Highway 55 and Hwy. 149 and Chapel Lane. Public Works Director Colbert explained that these traffic signals will not be installed until a signal justification report and analysis is completed. The City has made an application to upgrade Highway 149 but funding has not yet been granted. He stated that when funding becomes available, traffic signals will be considered in the area, but he could not give a specific date. A vote was taken on the motion. Aye: 4 Nay: 1 (Tilley opposed) Mayor A wada moved, Councilmember Carlson seconded a motion to approve a preliminary subdivision (Crane Creek Addition) consisting of 65 lots upon a 14.1 acre parcel located south of Trunk Highway 55 and east of Rita Court (within the northeast 114 of Section 12) subject to the following conditions: I. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3,1993: BI-4, Cl, 2, 4, Dl, El 2. The proposed retaining walls shall be constructed with a protective barrier fence installed along their top elevations. 3. This development shall construct an outlet skimmer and piping system in accordance with City standards from the water quality basin to Pond GP-2. 4. The water main system shall be looped and extended to the east boundary of the site for possible future service of Parcel 020-03. 5. The private right-of-way to accommodate the Hwy. 55 frontage road shall be dedicated on the final plat. 6. Public right-of-way to accommodate the Hwy. 55 frontage road shall be dedicated on the final plat. 7. If the property owner of Parcel 020-30 is agreeable to accepting a private street access easement covering the private streets within the Crane Creek development for possible use with future development of Parcel 020-03, the applicant shall prepare and record the easement subject to review and approval by the City Attorney. 8. An unobstructed fire lane not less than 20 feet in width shall be maintained within the development. Such fire lane shall be signed as deemed appropriate by the Fire Marshal. 9. This development shall be responsible for a cash parkland and cash trails dedication. 10. The applicant shall submit and the City Attorney shall review and approve Homeowners Association by- laws pertaining to Lot 65 (the development's common area). 11. This development shall meet the City's water quality requirements through a combination of on-site ponding and cash dedication. 12. The stormwater pond shall be constructed to treat 6.6 acres ofthe site area. It shall contain a minimum wet-pond volume of 0.65 acre-feet and should have a minimum area of 0.28 acres. The stormwater treatment pond shall be constructed according to NURP standards with a maximum depth of 6 feet, a 10: I aquatic bench, and an outlet skimmer according to City design standards. 13. In lieu ofponding to treat stormwater from 4.2 acres of the site, a cash dedication of $5,967.00 shall be required. 14. To minimize nearby impacts, the development shall be set back at least 30 feet from the edge of the delineated boundary of the wetland. During and after construction of the development, a minimum 30 foot wide buffer of natural undisturbed vegetation along the delineated boundary of the wetland shall be maintained. 15. Erosion control practices should be properly installed and effectively maintained throughout the development process to prevent and minimize soil loss and negative impacts to down-gradient resources and water quality. 16. The applicant shall be required to install one hundred ten (110) Category B trees as fulfillment of the City of Eagan Tree Preservation Ordinance requirements. 17. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. Eagan City Council Meeting Minutes January 2,2001 Page 7 18. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. A vote was taken on the motion. Aye: 4 Nay: 1 (Tilley opposed) Mayor Awada moved, Councilmember Bakken seconded a motion to direct staff to bring forward for Council review, the reconstruction project for Chapel Lane. Aye: 5 Nay: 0 NEW BUSINESS REQUEST DIRECTION TO PREPARE PRELIMINARY DEVELOPMENT AGREEMENT WITH DEL TA HOMES FOR DEVELOPMENT IN GREATER CEDARV ALE AREA City Administrator Hedges introduced this item regarding the pre-development agreement to evaluate the design and financial feasibility of a residential development, in the Greater Cedarvale area, to be developed in accordance with the approved redevelopment concept. Mayor Awada asked Jim Prosser, Ehler and Associates, about applying architectural standards. Mr. Prosser stated that the pre-development period is the time to address the architectural standards. He went on to discuss various methods to determine specific design standard policies. Councilmember Carlson stated she feels that overall architectural standards need to be defined. Mayor Awada stated the issue should be scheduled for a Council workshop. Councilmember Bakken moved, Councilmember Tilley seconded a motion to direct staff to prepare a preliminary development agreement with Delta Homes for possible development in the Greater Cedarvale Area. Aye: 5 Nay: O. CDBG FUNDING FOR FISCAL YEAR 2001 City Administrator Hedges introduced this item asking the City Council to provide staff direction for the distribution ofFY 2001 Community Development Block Grant funding from Dakota County. He addressed the sample uses for the funds prepared by Senior Planner Ridley. Discussion was held by the Council regarding the Eagan Police Department presence, security lighting at Wescott, Quarry Park area, and the Community Action Council's request for funding. The Council discussed the appropriateness of public funding for private property. Mayor Awada suggested that the three new funding requests for FY200 I (totaling $58,000) could serve the City better by providing additional senior housing opportunities, preferably in the Cedarvale area. Council members agreed. Discussion was also held regarding the senior housing allocation, Cedarvale Blight, and homeownership assistance. Mayor Awada suggested that $58,000 be split equally into the senior housing and Cedarvale Blight categories. Councilmember Bakken discussed precedents set and past Council actions. Mayor Awada moved, Councilmember Bakken seconded a motion to allocate the FY2001 Community 01-1 Development Block Grand funding as follows: Eagan City Council Meeting Minutes January 2, 2001 Page 8 Home Swap (Senior Housing) Wescott Youth Services Homeownership Assistance Eagan PD PresenceIW escott Cedarvale Blight $129,000 $ 10,500 $ 10,000 $ 30,000 $ 69,000 Aye: 5 Nay: 0 Mayor A wada moved, Councilmember Bakken seconded a motion to adopt a resolution authorizing the City Administrator to submit the CDBG Program applications to Dakota County CDA. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY BUILDING IN EXCESS OF 1100 SQUARE FFET ON Lot 17, BLOCK 3, WALDEN HEIGHTS FIRST ADDITION JOHN D. GUSTAVSON City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. Mayor Awada moved, Councilmember Carlson seconded a motion to direct staff to prepare findings of fact to deny a Conditional Use Permit to allow an accessory building in excess of 1100 square feet on Lot 17, Block 3, Walden Heights First Addition, located at 4740 Walden Drive in the NE V4 of Section 33. John Gustavson, applicant, stated he did the best he could to mitigate neighbor concerns. He stated he currently has a truck that will not fit into his existing garage and plans to purchase a boat that would also be stored in the proposed accessory building. Mayor Awada stated she felt the applicant could construct a garage within the City Code requirements, and she does not see the need for such a large structure. She further stated there has been opposition expressed from neighboring property owners. Councilmember Carlson stated she felt the proposed accessory building is too large for the site and was also concerned over the removal of significant trees. Councilmember Bakken stated that the consent of neighboring property owners in a situation such as this is very important. A vote was taken on the motion. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - TO ALLOW LIGHT ASSSEMBL Y AND INSTALLATION OF PRE-MANUFACTURED ELECTRONIC COMPONENTS WHEN CONDUCTED IN CONJUNCTION WITH ADMINISTRATIVE OR PROFESSIONAL OFFICES OR CLERICAL OPERATIONS ON LOT 3, BLOCK 2, EAGANDALE OFFICE PARK 2ND ADDITION - ELECTRONICS FOR IMAGING, INC. City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to change the original conditions of approval for an office building located at 1340 Corporate Center Curve (Lot 3, Block 2, Eagandale Office Park 2nd Addition) subject to the following conditions: 1. Light assembly activities shall play a supportive, or secondary role to general office use and shall not exceed 25% of the total building square footage. 2. Light assembly activities will be limited to those that do not perceptibly change the character of office use in terms of noise and traffic loads. Eagan City Council Meeting Minutes January 2, 2001 Page 9 3. No changes are to be made to the exterior building or property. 4. The applicant shall enter into a Planned Development Amendment Agreement with the City. A vote was taken on the motion. Aye: 5 Nay: 0 INTERIM USE PERMIT - KOHL'S DEPARTMENT STORE City Administrator Hedges introduced this item. Senior Planner Ridley gave a staff report and noted that a letter had been received from the applicant requesting that approval be given only until May, 2000. Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve an Interim Use Permit to allow the temporary outdoor storage of storage containers on Lot 1, Block I, Town Centre, 70 Fifteenth Addition, located at 1350 Town Centre Drive in the NW 114 of Section 15 subject to the following conditions: I. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The permit shall terminate on June 1, 2001. 3. Outdoor storage activities shall be limited to three containers confined to the area east of the department store within the area specifically designed on the site plan. A vote was taken on the motion. Aye: 4 Nay: 1 (Bakken opposed). ADMINISTRATIVE AGENDA A. Set special meeting dates for January 16 and January 30, 2001. Mayor Awada moved, Councilmember Tilley seconded a motion to set a special meeting date for January 16, 2001 at 4:30 p.m. and a goal retreat for January 30, 2001 at 4:30 p.m. Aye: 5 Nay: 0 B. Exit interview request by former Councilmembers Blomquist and Masin. Councilmembers Bakken and Tilley discussed the method in which exit interviews are conducted in a corporate setting. Mayor A wada stated she felt the Personnel Committee should conduct the exit interviews. Councilmember Tilley stated she felt the interviews should be formalized and she would be willing to provide a form to be used as a guideline. Mayor Awada moved, Councilmember Bakken seconded a motion to direct the Personnel Committee to conduct an exit interview with former Councilmembers Blomquist and Masin. Aye: 5 Nay: 0 VISITORS TO BE HEARD Joe Bari commended Mayor Awada on the December 21,2000 Star Tribune article and her appearance on the Jason Lewis radio show. Eagan City Council Meeting Minutes January 2,2001 Page 10 ADJOURNMENT The meeting adjourned at 9: 15 p.m. into an Executive Session to review collective bargaining proposals and claims presented by the Metropolitan Council Insurance Trust. MBM CJt~:?t cD.I I:{2V& / Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.