05/06/1997 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
May 6, 1997
00146
A regular meeting of the Eagan City Council was held on Tuesday, May 6, 1997 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and
Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of
Public Works Tom Colbert, and City Attorney Jim Sheldon.
AGENDA
Councilmember Masin moved, Councilmember Awada seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
MINUTES OF THE APRIL 15,1997 MEETING
Councilmember Blomquist stated that on page 1, in the second paragraph under Department
Head Business, the second sentence should be revised to read, "Director of Public Works Colbert stated
that the Cliff Road reservoir has not been used for almost two years and explained that prior to those two
years it was not exchanging water for another one and a half to two years."
Mayor Egan requested that on page 7, in the first paragraph under Old Business,
Recommendation, Airport Relations Commission, comments to Federal Interagency Committee on
aviation noise, the fourth sentence should be revised to read, "Mayor Egan commented that he believes
every municipal noise or airport group has considered the standard of 65 Ldn as being an inappropriate
measurement for noise, standing alone, but rather it should be supplemented with other measurements, such as
single event, LlO or other measurements of noise memes."
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0
MINUTES OF THE APRIL 15,1997 SPECIAL MEETING
Councilmember Wachter noted that on page 2, in the third paragraph, City Councilmember
Hedges should be changed to Cih} Administrator Hedges.
Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
RECOGNIZE NATIONAL PUBLIC WORKS WEEK (MAY 18-24)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
further explained the purpose of recognizing the Public Works Department. Mayor Egan stated that
Public Works employees are often taken for granted for all they do until there is a crisis. He further stated
that it is appropriate to acknowledge their work.
Councilmember Masin moved, Councilmember Awada seconded a motion to approve a
resolution declaring May 18-24 as National Public Works Week and authorize the Mayor and City Clerk
to execute the document. Aye: 5 Nay: 0
Councilmember Masin said that the Fun Run and Arbor Day events were held in the City this
past Saturday. She reported that she attended the Arbor Day event and there was a good turnout.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
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Councilmember A wada inquired about the City's street sweeping schedule. Director of Public
Works Colbert stated that a second pass will be made to certain areas of the City to clean any remaining
sand that may have been deposited since the initial pass. He noted that Dakota County is still sweeping
some of the County roads.
Councilmember Masin brought a videotape to be shown at the meeting to contrast the City of
Burnsville's government channel with Eagan's government Channel 16. Mayor Egan asked if the City of
Eagan has the capability to conduct similar programming. Assistant to the City Administrator
Hohenstein explained that the City has the necessary hardware and software to provide this kind of
information and it is anticipated it will appear on Channel 16 by the middle or end of May. He also
explained that the success of the programming will depend on various City departments providing
current information.
CONSENT AGENDA
A. Personnel Items
Item 1. It was recommended to approve the hiring of a person to be recommended as a part-time
Building Maintenance Worker, subject to successful completion of the City's physical examination
requirement.
Item 2: It was recommended to approve the hiring of Nora Flueger, Deborah Bunljer, LeiLani Fishcer,
Julie Beecher, Lisa Heine, and Martha Buyck as part-time seasonal Concession Workers. .
Item 3. It was recommended to approve the hiring of Andrew Hoveland, Dianna Bolander, Stanley
Schneider, Marc Shippee, and Michele Weinzetl as seasonal Forestry Worker~.
Item 4. It was recommended to approve the hiring of Nathan Hauenstein and John O'Toole as seasonal
Parks Maintenance Workers.
Item 5. It was recommended to approve the hiring of Katie Konat and Nicholas Torrini as seasonal Park
Attendants.
Item 6. It was recommended to approve the hiring of Sandra Gavin as a seasonal part-time Nature
Instructor.
Item 7. It was recommended to approve the hiring of Pao Lee and James Logan as Police Officers.
Item 8. It was recommended to approve the hiring of Melinda Cohee, Lisa Hayden, John Hayden, and
Michael Remington as seasonal part-time Tennis Program workers.
Item 9. It was recommended to approve the hiring of Kathleen Fletcher and Sandra Hillyer as seasonal
part-time Softball Camp workers.
B. Proclamation observing May 15,1997 as Fairfield Suites Day. It was recommended to approve a
resolution proclaiming May 15, 1997 as Fairfield Suites Day in the City of Eagan.
97-39
C. Final Subdivision - Horne Development for Kingswood Pond First Addition. It was recommended to 97-40
approve a Final Subdivision for Kingswood Pond First Addition consisting of 22 lots and two outlots
located on the west side of Pilot Knob Road in the NE % of Section 21.
D. Schedule public hearing, Professional Plastics, Incorporated, Minnesota Investment Fund application.
It was recommended to schedule a public hearing for Monday, May 19, 1997 to consider a submittal to
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
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the Minnesota Investment Fund for a low interest business loan for Professional Plastics Incorporated to
support its relocation and expansion to the intersection of Yankee Doodle Road and Mike Collins Drive.
E. Approve purchase agreement, Highway 55 TIF Redevelopment District, Gary and Beverly Kajer, 835
Lone Oak Road. It was recommended to approve the purchase agreement for the Gary & Beverly Kajer
property located at 835 Lone Oak Road as a part of the activities of the Highway 55 TIF Redevelopment
District.
F. Project 717, Receive draft findings, cancel project (Ranier Lane ~ Street Improvement). It was
recommended to receive preliminary findings, determine economic unfeasibility and cancel Project 717
(Ranier Lane - Street Improvements).
G. Proiect 720, Receive feasibility report/ order public hearing (Eagan Business Commons). It was
recommended to receive the feasibility report for Project 720 (Eagan Business Commons - Streets &
Utilities) and schedule a public hearing to be held on June 3, 1997.
H. Project 682, Receive final assessment roll/ order public hearing (Deerwood Townhomes - Utilities). It
was recommended to receive the final assessment roll for Project 682 (Deerwood Townhomes - Utilities)
and schedule a public hearing to be held on June 3,1997.
I. Project 709R, Authorize detail plans (TH 13/Blackhawk Rd. - Signal & Roadway Imp.). It was
recommended to approve the upgrading of TH 13 from Seneca Road to Yankee Doodle Road as a two
lane divided highway with turn lanes and signalization at Blackhawk Road and authorize preparation of
detail plans and specifications.
J. Contract 97-04, Receive bids/ award contract (Cliff Rd. Water Treatment Plant - Standby Generator). It
was recommended to receive the bids and award Contract 97-04 (Cliff Road Water Treatment Plant-
Standby Generator) and authorize the Mayor and City Clerk to execute all documents.
K. Contract 96-01, Approve change order No. (Eagandale Corporate Center - Utilities). It was
recommended to approve change order No.3 to Contract 96-01 (Eagandale Corporate Center - Utilities)
and authorize the Mayor and City Clerk to execute all related documents.
L. Contract 96-20, Approve change order #1 (Yankee Doodle/Promenade Central Area - Streetlights). It
was recommended to approve Change Order No.1 to Contract 96-20 (Yankee Doodle/Promenade
Central Area - Streetlighting) and authorize Mayor and City Clerk to execute all related documents.
M. City Auction, set date for May 17, 10:00 a.m. at Eagan Maintenance Facility, 3501 Coachman Point and
declare bicycles, unclaimed property and miscellaneous City property to be surplus. It was
recommended to schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 17, 1997, at the Eagan
Maintenance Facility, 3501 Coachman Point and to declare items, including bicycles, unclaimed property
and miscellaneous City property, to be surplus eligible for sale.
N. Designation of administrative hearing officer - dangerous dog designation. It was recommended to
authorize staff to designate a hearing officer for an administrative hearing of the facts associated with the
designation of a dangerous dog.
O. Hourly rate adjustment, Civic Arena. It was recommended to approve an hourly rate adjustment for
prime-time hours from $125.00 to $130.00 per hour effective October 1, 1997.
P. Vacate public right-of-way & utility easements, receive petition/ order public hearing (Lexington
Add.). It was recommended to receive the petition to vacate all public right-of-way and utility easements
within the Lexington Addition and schedule a public hearing to be held on June 3,1997.
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Q. Final Planned Development, Homestead Village for Eagandale Center Industrial Park No. 14. It was
recommended to approve a Final Planned Development for a 130 room extended stay hotel for Lot 1,
Block 1, Eagandale Center Industrial Park No. 14 at the southeast corner of the intersection of I-35E and
Lone Oak Road. .
R. Application for Shows License, Alotta Amusements, for a carnival at the Tuly 4th Fun Fest. It was
recommended to approve a shows license for Alotta Amusements, to conduct a carnival at Sky Hill Park
on July 3-6, 1997.
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
EMPLOYEES ACTIVATED BY THE NATIONAL GUARD
City Administrator Hedges provided an overview on this item. Councilmember Masin said that
approving the policy for granting the difference in pay between the City's salary and military salary and
continuation of health coverage and other City benefits beyond the 15 day statutory division is a way for
the City to help provide support to the flood victims and she supported the policy. City Administrator
Hedges noted that there is a State statute that requires cities to continue to pay the usual compensation
and benefits to employees called to active duty or annual training by the National Guard for up to 15
working days per calendar year.
Councilmember Masin moved, Councilmember Blomquist seconded a motion to approve a policy
for granting the difference in pay between the City's salary and military salary and continuation of health
coverage and other City benefits beyond the 15 day statutory division due to active duty status caused by
the floods. Aye: 4 Nay: 1 (Councilmember Awada opposed)
City Administrator Hedges noted that a fax was sent to all mayors in the State from the League of
Minnesota Cities informing them of ways cities can help other cities affected by flooding. He commented
that other cities assisted the City of Eagan after the May, 1996 windstorm with the use of their equipment
and personnel. He added that there are some issues such as joint powers, insurance and liability that
need to be addressed by him and the City Attorney. He asked if the Council was agreeable to staff
exploring possible ways for the City of Eagan to offer help, contingent upon Council approval.
Councilmembers concurred that they were agreeable.
SPECIAL CITY COUNCIL MEETING SCHEDULE
City Administrator Hedges outlined the need for Special City Council meetings in May.
Councilmember Masin asked what benefit there is to determining the amphitheater site at this time if this
is going to be done in conjunction with the central area park. City Administrator Hedges indicated that
there are three different sites that have not been examined by the Council yet. Councilmember Masin
said that the Council should still consider the Dart site. Councilmember Wachter stated that the Dart site
should not be considered further because it is probably too cost prohibitive. Councilmember Awada
mentioned that the Council could drive by the Dart site during their tour of the other sites.
Councilmember Awada moved, Councilmember Wachter seconded a motion to set Special City
Council meetings for May 15 at 5:30 p.m. (deleting the May 13 Special City Council meeting), May 19 and
May 27 at 5:00 p.m. Aye: 5 Nay: 0
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PUBLIC HEARINGS
CERTIFICATION OF DELINQUENT UTILITIES
City Administrator Hedges provided an overview on this item. Mayor Egan opened the public
hearing to anyone wishing to speak Robert Hemish, 3415 Federal Drive, stated that he did not receive
proper notification about his assessment. He added that he had moved and did not receive notification at
his forwarding address. He objected to paying the $25 certification fee, but said he was willing to pay the
actual assessment amount.
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
Director of Public Works Colbert stated that if a misunderstanding has occurred staff could work with the
Finance Department to ensure the bill is paid without an additional fee being assessed. City
Administrator Hedges noted that the penalty could be waived. Councilmembers concurred that they did
not have a problem with Mr. Hemish making payment without a penalty being assessed if he did so by
May 7.
Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public
hearing and approve certification of delinquent utility accounts to Dakota County for collection with
property taxes, with the exception of Robert Hemish, PID #10-68055-030-01, who will be responsible for
principal only if paid by May 7,1997. Aye: 5 Nay: 0
V ACATE PARTIAL PONDING EASEMENT (LOT 25, BLOCK 1, CANTERBURY FOREST)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no
one, he turned the discussion back to the Council.
Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public
hearing and approve the vacation of a portion of a drainage ponding and utility easement located as
described over Lot 25, Block 1, Canterbury Forest and authorize the Mayor and City Clerk to execute all
related documents. Aye: 5 Nay: 0
VACATE DRAINAGE & UTILITY EASEMENT (OUTLOTS C & D, LONE OAK ADD.)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no
one, he turned the discussion back to the Council.
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the
public hearing and approve the vacation of the drainage and utility easements as described over Outlots
C and D of the Lone Oak Addition and authorize the Mayor and City Clerk to execute all related
documents. Aye: 5 Nay: 0
OLD BUSINESS
ORDINANCE AMENDMENT, CITY CODE CHAPTER 7, STREETS AND SIDEWALKS,
PERTAINING TO THE MANAGEMENT OF PRIVATE USES OF PUBLIC RIGHTS OF WAY
Councilmember Awada moved, Councilmember Masin seconded a motion to continue
indefinitely consideration of an amendment to Eagan City Code, Chapter 7, concerning the management
of private uses in the public right-of-way. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
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Councilmember Wachter raised the question of whether the natural gas companies' pipes would
be in the sidewalk right-of-way. Director of Public Works Colbert said they usually are located there.
JOINT POWERS AGREEMENT WITH INVER GROVE HEIGHTS - UTILITY EXTENSIONS
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report and stated that staff did not receive any written comments from Inver Grove Heights.
He provided clarification to Section 8.10 and 13.1. He noted that the Inver Grove Heights' staff has had
limited time to review the final draft, but he further noted that they did have input into the final draft.
Councilmember Masin asked why the City of Eagan is responsible for the cost of oversizing.
Director of Public Works Colbert explained that trunk area charges will be collected from the developer
in Inver Grove Heights to cover the cost of oversizing. Councilmember Masin asked if the City of Eagan
will be overseeing the training of the Inver Grove Heights staff with regard to maintaining the water
services. Director of Public Works Colbert said that Inver Grove Heights will own and maintain the
system within their community and it will have to be maintained according to industry standards. He
added that the Inver Grove Heights staff is very professional.
Councilmember Wachter stated he is concerned about Eagan paying for the oversizing and he
asked who would be responsible for putting in the streets and maintaining them. Director of Public
Works Colbert noted that Inver Grove Heights will be responsible for putting in and maintaining the
internal local streets. He reiterated that money will be collected from the developer to pay for the
oversizing. Councilmember Wachter asked if a well is needed, where would it be drilled and who would
own it. Director of Public Works Colbert stated that no well is required within Inver Grove Heights, but
only the construction of an elevated water tower will be necessary. He explained the projection for future
well needs and further discussion occurred. He added that a water supply connection fee will be
collected with each building permit and will be supplied to the City of Eagan.
Councilmember Wachter stated that he does not feel the southern area of Inver Grove Heights
should be developed until 120th Street is extended. He added that he does not believe this Joint Powers
Agreement will benefit the City of Eagan and he said he was concerned about the impact of the increased
traffic in the Weston Hills neighborhood. Director of Public Works Colbert noted that a condition is
included in Section 4.1 which protects the City by requiring that the City of Inver Grove Heights receive
the City of Eagan's approval prior to constructing any street which would connect to an existing street in
Eagan.
Councilmember Blomquist asked about the connection fee and what that covers. Director of
Public Works Colbert explained that the connection fee covers many things including, financing of the
Water Treatment Plant, funding the water supply, needed storage, wells and reservoirs, sewer and water
connection charges, and any previously unassessed costs. Councilmember Blomquist said that it is
important to ensure that Eagan residents are not subsidizing any part of this cost. She questioned the 10%
administrative fee that the City of Inver Grove Heights is entitled to deduct and retain and said that the
City of Eagan should be charging 10% more to cover this fee. She also asked who would be responsible
for paying the cost of vandalism if it occurs to the water tower and felt a figure should be calculated in so
the City of Inver Grove Heights would have to incur the expense.
Councilmember Masin suggested continuing this item to allow neighborhood meetings to be held
to discuss the traffic concerns of the residents of Weston Hills. Councilmember Awada noted that there is
a condition in the agreement that addresses this concern. Councilmember Wachter mentioned that he
received a call from a resident in that area who said the Council does not listen to the neighbors.
Councilmember Awada supported the agreement and said she feels confident that Director of
Public Works Colbert will ensure the City of Eagan recovers any and all costs. She said that the City of
Eagan needs a water tower and the cost of it will be financed by user and connection fees from both cities.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
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Mayor Egan said that he hoped the City Council would be as objective with this particular
agreement as they have been with other agreements. He said this agreement carries out the charge that
was given to staff and he believes the City of Eagan will receive a direct benefit by being able to control
quality development outside the City's boundaries.
Discussion occurred regarding the City of Inver Grove Heights' comprehensive planning, the
increased burden on the School District, and traffic to Red Pine School. Councilmember Masin said that
the Council's concerns have been addressed. Councilmember Wachter complimented the staff on trying
to answer the Council's questions. Mayor Egan asked if the City of Eagan has made money selling water.
Director of Public Works Colbert stated that the City of Eagan will be making money from the collection
of user fees charged to Inver Grove Heights.
Councilmember Awada moved, Councilmember Masin seconded a motion to approve a
comprehensive Joint Powers Agreement with Inver Grove Heights and authorize the Mayor and City
Clerk to execute all related documents. Aye: 3 Nay: 2 (Councilmembers Wachter and Blomquist
opposed)
ORDINANCE AMENDMENT REGULATIN9 ANTENNA, TOWERS,
SATELLITE DISHES AND WIND ENERGY CONVERSION SYSTEMS
City Administrator Hedges provided an overview. Councilmember Wachter thanked the
Advisory Planning Commission members for their work on this ordinance amendment.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an
amendment to the Eagan City Code Chapter 4, "Construction Licensing, Permits and Regulation,
Including Signs, Excavations and Mobile Home Parks" by deleting Section 4.50 "Placement, Erection and
Maintenance of Wind Energy Conversion Systems and Radio or T.V. Towers" and amending Chapter 11,
Land Use Regulations (Zoning)" by adding Section 11.10, Subdivision 30, regarding regulations of
"Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems".
Peter Beck, representing AT & T Wireless, said they would like the ordinance to allow the
placement of antennas on apartment buildings since this is a desirable alternative to erecting a separate
pole. He added that the ordinance only allows for poles to be constructed in industrial zones and they
feel poles should also be allowed in other districts such as, Business Park, Research & Development and
Community/Regional Shopping Center. He further added that this will allow them to provide service to
the entire City. Councilmember Awada said that if the scientific need arises for more poles in certain
parts of the City, Mr. Beck could come back to the Council and request an ordinance amendment.
A vote was taken on the motion: Aye: 5 Nay: 0
APPOINTMENTS TO THE ADVISORY PARKS COMMISSION
City Administrator Hedges provided an overview on this item.
Councilmember Masin moved, Councilmember Wachter seconded a motion to appoint Mark
FiIipi as a full member to serve the remainder of a three-year term to expire December 31, 1997 and
Steven Knutson as an alternate member to serve the remainder of a one-year term to expire December 31,
1997 on the Advisory Parks Commission. Aye: 4 Nay: 1 (*Councilmember Blomquist opposed)
*Councilmember Blomquist noted that she approved of the appointment of Steven Knutson as
alternate but she did not approve of the appointment of Mark Filipi.
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PROJECT 717, RANIER LANE - STREET IMPROVEMENT
(This item was on the consent agenda)
Cherie Coffman, 1391 Ranier Lane, asked if there is anything else that can be done to improve
Ranier Lane. She suggested the improvements could be included with another project. She stated they
would like a simple overlay of blacktop and nothing elaborate. Councilmember Wachter added that this
is one of the last areas that is not improved. He said the City conducted a study and the price to improve
that area is preposterous. Mayor Egan said that the price may not be so preposterous if the
improvements were done to all of Country Home Heights because then the price would be spread out to
all lots. He further said that if a petition is signed by at least 35% of the residents in County Home
Heights it might be feasible to improve the street.
Councilmember Awada asked if the street could be upgraded with blacktop only, but not to City
standards, similar to Dodd Road. Director of Public Works Colbert explained that there would still be
questions about the need for drainage and gutters. He further explained that Dodd Road had rural
drainage ditch sections and County Home Heights does not. Councilmember Wachter asked how long
the blacktop overlay lasted on Dodd Road. Director of Public Works Colbert said it lasted about eight or
nine years. Councilmember Blomquist stated that the traffic in the Country Home Heights area will be
less than on Dodd Road. She suggested that staff investigate the feasibility of a blacktop overlay with a
gravel base for the entire development. Councilmember Wachter noted that the advantage to using
blacktop is that it can be reused which will result in a cost savings.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to direct a study
to install a blacktop overlay with a gravel base for Ranier Lane. Aye: 5 Nay: 0
Councilmember Wachter stated that the study should be undertaken. at the Director of Public
Works Colbert's convenience.
NEW BUSINESS
REQUEST FOR CITY CODE CHANGE REGARDING LIMITATION ON
OWNERSHIP FOR ON-SALE LIQUOR LICENSES
City Administrator Hedges provided an overview on this item. Tom Torgerson, President of
Torgerson Properties, said he is an owner of the Green Mill Restaurant and would also like to propose a
Hilton Garden Inn. He requested the ordinance be changed to allow a person to be granted more than
one liquor license. Mayor Egan commented that the City has a long list of liquor license holders and they
have had to abide by this policy. Councilmember Blomquist said she did not feel the policy should be
changed. She mentioned that in the past, the Council did not bend the policy for the owner of Big Top
Liquors and so he put an additional liquor license in a relative's name. Mayor Egan stated that the
Council wants to be flexible and accommodate him but they have established a precedent and do not
want to offend other liquor license holders.
Mr. Torgerson stated that the Hilton Garden Inn is a separate legal entity from the license holder
of the Green Mill. Mayor Egan noted that the determination is based on stock ownership.
Councilmember Awada asked if a liquor license runs with the building. City Attorney Sheldon said the
license is issued to an individual at a specific location and it runs with both. He further said the license is
not transferable. Councilmember Masin asked what the history is behind this restriction in the City Code.
City Attorney Sheldon said that initially this restriction was set up when there were relatively few liquor
licenses and the City did not want one entity to control a significant portion of them. Councilmember
Blomquist stated that the reason for this restriction was to hold one person responsible to ensure things
were done legally. Councilmember Awada added that times have changed and she does not have a
problem with a business owner opening up more than one establishment and having more than one
liquor license. Mayor Egan noted that some of these policies were generated during the City's early days.
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Councilmember Blomquist stated that she thinks there were some legal issues as to why there is this
restriction and she suggested that this item be continued to allow the Police Chief to research and review
the issues. Mayor Egan commented that other City staff, such as the Planning Department, should also
examine objective grounds for why this policy should be maintained.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to continue this
item indefinitely. Aye: 5 Nay: 0
RECOMMENDATION, AIRPORT RELATIONS COMMISSION, COMMENTS ON
FAA DECISION, EAGAN-MENDOTA HEIGHTS CORRIDOR CROSSING PROCEDURE
City Administrator Hedges provided an overview on this item.
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a
recommendation by the Airport Relations Commission to submit comments to the Federal Aviation
Administration concerning a decision to modify procedures in the Eagan-Mendota Heights Corridor as
presented. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT - COMMONBOND COMMUNITIES
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Greg Korstad, attorney representing Tiller Corporation, addressed some of the concerns with
regard to this development. He stated that the noise issue should not be a factor in determining if the
property is use able for residential because noise attenuation measures will be undertaken. He also stated
that a concern was raised about the ability of this development to function in the community. He
commented that there are problems with locating multi-family developments near single-family
developments. He also addressed a letter sent by Jerry's Landscaping in regard to the safety of children.
He added that there is already a neighborhood across Nicols Road with children. He further added that
this housing development will deter vandalism. He said that currently the property is vacant and
improper uses are now occurring at the site.
Gary Sauer, President of Tiller Corporation, commented that this property has been hard to
market. He noted that this is a low-profile development.
Doug Mayor, representing CommonBond Communities, provided background information on
their company and their programs, discussed the proposed project and the benefits of the development
and explained why this is a desirable location for this project.
Councilmember Masin referenced the letter sent by Jerry's Garden Center and acknowledged that
their concerns are legitimate. Mr. Mayor said that they have not had any problems with vandalism in any
of their other communities. He added that their management style involves integration into the
community which, in turn, results in less problems with youth. Councilmember Masin said she was
concerned about the noise that will be generated by the landscaping center and the impact it will have on
the residents. She cited a similar situation the Council has been dealing with in regard to a landscaping
company and the adjacent residents. Mr. Mayor said there is not much landscaping activity that occurs
on this site.
Councilmember Wachter asked if there was any way to anticipate how much noise the new
runway will generate. Mayor Egan noted that the noise from the runway is more compatible with
commercial development. Mr. Mayor said that the noise is considered to be Category IV and their
architect has assured him that there can be design standards to mitigate this noise level.
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Jay Schweim, Jerry's Garden Center, 4381 Nicols Road, said that their property was zoned
commercial and should stay that way. He said they are concerned about the safety of children due to the
increased traffic of trucks hauling in the area, the attraction to their machinery and dirt piles. He also
expressed a concern over the noise and dust that is generated by their operation.
Mr. Korstad said that safety issues do exist, but he added that Tiller Corporation has not been
able to successfully market this piece of property and that the same constraints will exist for commercial
development. He explained that there is a perimeter road that will provide a barrier and also a greenway
in the center to provide a circular flow of traffic. He said that all of the issues could be addressed in a
conditional use permit.
Councilmember Wachter asked if the Police and Fire Departments have reviewed this proposal.
Senior Planner Ridley said that the Fire Department reviewed it and it is acceptable and they have not
received any comment from the Police Department. Councilmember Wachter stated that there is only one
entrance and this could create a bottleneck in the event of a fire. He added that the sound factor is a
consideration because of the freeway and runway noise. Councilmember Masin asked if staff has made
any attempt to deal with noise being generated from Jerry's Garden Center. Senior Planner Ridley stated
that the site plan is only conceptual. He added that the site is on an even level with Jerry's which may not
create as big a problem as the one at the other landscaping site in the City where there has been some
problems. He further added that appropriate screening and berming would be required if necessary.
Mayor Egan he is sympathetic to what CommonBond Communities is trying to do and he
commended them for their efforts. He commented that there are many barriers to successful residential
development of this property, such as noise and safety issues as well as incompatibility between the
residential development and Jerry's Garden Center. Councilmember Awada said she appreciates what
CommonBond Communities is trying to accomplish and she encouraged them to continue to look for
another site that is close in proximity to the same amenities as were located near this site.
Councilmember Awada moved, Councilmember Wachter seconded a motion to deny a
Comprehensive Guide Plan Amendment to change the land use designation of approximately six acres
platted as Lots 1 and 2, Cedar Ridge Second Addition in the NW % of Section 30, from GB, General
Business, to D-III, Mixed Residential 6-12 units per acre and direct the City Attorney to prepare Findings
of Fact for denial. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT - MARVIN DAVIS
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. Applicant Marvin Davis was available for any questions. Mayor Egan asked if this request
will expand the use of Cedarvale Mall. Senior Planner Ridley said that is not certain yet. He added that
this use may generate more traffic and interest in this area. Councilmember Blomquist said she was in
favor of this request.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a
Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a "Market Place" to sell
products including; produce, arts and crafts to be located in the parking lot of the Cedarvale Mall located
at 3900 Sibley Memorial Highway, (PID #10-01900-051-06) in the NE % of Section 19 subject to the
following conditions:
1. The CUP shall be recorded at Dakota County within 60 days of Council approval and
submitted to the City.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6,1997
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The CUP shall be continually subject to the following conditions:
1. The vending booths and display shall only be permitted on Saturdays and Sundays
between A prill 51 and December 3151 of each year.
2. Sales shall only be permitted between the hours of 8:00 a.m. to 5:00 p.m.
3. Vendors may set up booths no earlier than 7:00 a.m. Saturday and must remove the
booths by 9:00 p.m. each Sunday.
4. The vending booth area shall be bordered with barriers while in place and shall conform
with the standards of the Uniform Fire Code.
5. All signage shall meet City Code requirements.
6. No outdoor storage other than which is approved by the City shall occur on the site.
7. The site shall be maintained free of trash and debris.
8. Any trash associated with the proposed use shall be removed by 9:00 p.m. each Sunday.
9. No parking shall occur on any adjacent property without the written permission of the
adjacent property owner.
10. Drive isles 24 feet in width shall be painted on the parking lot as shown on the site plan
dated March 4, 1997.
11. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan
dated March 4, 1997.
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT - PARK NICOLLET
AND NORDQUIST SIGN COMPANY (GALAXIE CLIFF PLAZA THIRD ADDITION)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. Duane Spiegel, representing Park Nicollet Clinic, said that there was not any opposition to
the signage on behalf of the adjacent neighbors. He explained that they need additional signage to gain
exposure.
Councilmember Blomquist said that this is a limited business use in a residential neighborhood.
Mayor Egan commented that the Council has kept I-35E clear of billboards. Councilmember Awada said
that the request meets the 300' requirement and she further said that she did not think the sign would
interfere with the neighborhood. Councilmember Blomquist stated that the sign is on the front of the
building.
Councilmember Awada moved, Mayor Egan seconded a motion to deny a Planned Development
Amendment to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff Plaza 2nd Addition, located at 1885 Plaza
Drive in the NW % of Section 32. Aye: 2 Nay: 3 (Councilmembers Blomquist, Wachter and Masin
opposed)
The motion died for a lack of a quorum and the Planned Development Amendment to allow a
pylon sign was subsequently denied.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE 12
OC:15?
Councilmember Masin moved, Councilmember Awada seconded a motion to approve a Planned
Development Amendment to allow a 5,000 square foot building addition on Lot 1, Block 1, Galaxie Cliff
Plaza 2nd Addition, locate at 1885 Plaza Drive in the NW % of Section 32 subject to the following
conditions:
Platting
1. The existing Outlot A, Galaxie Cliff Plaza 2nd Addition shall be subdivided and the
northeasterly 90 feet added to existing Lot 1, Galaxie Cliff Plaza 2nd Addition.
2. The property shall be replatted.
Site Plan
3. All trash and recycling areas shall be contained within the building.
4. All mechanical rooftop equipment shall not be visible from Plaza Drive or I-35E.
5. The development shall satisfy all minimum setbacks required in the LB (Limited
Business) district.
Parking
6. At the time of building expansion, minimum additional parking shall be provided in
compliance with City code requirements of 1 stall per 150 square feet of net leasable floor
area.
7. The parking lot shall be constructed with curb and gutter and bituminous surface.
Driveways/Street Access
8. No additional driveway access to Plaza Drive shall be allowed.
Landscaping
9. At the time of building permit application for the addition, a landscape plan shall be
submitted for staff review and approval.
Building Materials
10. The building shall be architecturally compatible with and utilize brick materials to match
the existing building.
Signage
11. All signage shall comply with the City of Eagan sign ordinance requirements.
Grading/Drainage
12. A grading and drainage plan will be required with the building permit application and
issuance of the permit would be subject to staff review and approval of the plans.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
PAGE I3
OC1.58
Water Quality
13. A cash dedication amount for water quality to include the increase in runoff resulting
from the added impervious surface of this building and parking lot expansion shall be
required.
Tree Preservation
14. A Tree Preservation Plan shall be submitted at the time of building permit application.
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION
EDUCATION ALTERNATIVES (TESSERACT ADDITION)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. Mayor Egan asked if the Councilmembers were in agreement with approving the request for
the issuance of a permit for grading, excavation, and footing/ foundation work prior to final approvals of
the subdivision and the planned development. Councilmembers were in agreement with approval of the
request. Councilmember Wachter said that this is a good proposal and he is happy for the applicant.
Mayor Eagan added that the Council appreciates all that Tesseract has done in Eagan and the greater
region. Councilmember A wada stated that this is a wonderful school.
City Administrator Hedges noted that the Council might want to determine a hardship with
regard to the footing/ foundation permit because the school is scheduled to open in September and that
cannot be delayed.
Councilmember Masin moved, Councilmember Blomquist seconded a motion to approve a
Planned Development Amendment for Tesseract 2nd Addition, consisting of a 15,000 s.f. building addition
and a 66 staff parking lot expansion located south of Silver Bell Road, east of Tesseract Place and north of
Highway 13 subject to the following conditions:
Planned Development
1. Prior to Final Subdivision the developer shall enter into a Planned Development
Agreement.
Landscaping
2. The landscape plan should be revised to reflect the accurate number of plant species and the
minimum size requirements.
3. The revised landscape plan should note that all landscaped areas shall be irrigated.
Aye: 4 Nay: 0 (Councilmember Awada abstained)
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the
Tesseract Addition Preliminary Subdivision (replat of Michael R. Sill Addition) consisting of one lot and
one outlot on approximately 12 acres located south of Silver Bell Road, east of Tesseract Place and north
of Highway 13 subject to the following conditions:
Standard Conditions
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
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00159
1. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3,1993:
AI, Bl, B2, B4, Cl, C2, C4, Dl, El, Fl, Gl, & HI.
Storm Sewer /W ater Quality
2. The developer shall construct a storm water retention basin to limit post-development
runoff to an amount that is less than or equal to pre-development runoff.
3. Water quality mitigation for this development shall be met through on-site ponding
Easements
4. The developer will be responsible for the vacation of the existing drainage and utility
easement between Lot 1 and Outlot A of Michael R. Sill 1st Addition at the time of Final
Subdivision approval.
Setbacks
5. The developer shall submit a revised site plan indicating a 20' parking setback along
Tesseract Place and an 18' parking stall length to meet the required setbacks.
Park Dedication
6. The developer shall be responsible for a cash parks dedicatiop for the additional acreage
acquired for the expansion of Tesseract School.
7. The developer shall be responsible for a cash trails dedication.
Tree Preservation
8. At least two Category A trees (4 inch dbh) trees shall be transplanted on site as mitigation
for tree removal.
Aye: 4 Nay: 0 (Councilmember Awada abstained)
Councilmember Wachter moved, Mayor Egan seconded a motion to grant a hardship variance
and approve the issuance of a permit grading, excavation, and footing/foundation work prior to final
approvals of the subdivision and the planned development. Aye: 4 Nay: 0 (Councilmember Awada
abstained)
POLICY DIRECTION REGARDING CELL TOWERS ON CITY PROPERTY
City Administrator Hedges provided an overview on this item. City Administrator Hedges said
that if the Council wants to proceed with the development of a policy the fee issue needs to be addressed.
Director of Public Works Colbert explained that the fee schedule is related to the issue of whether or not
the City will require co-location for future users who may find the site desirable and if so, who should
own the tower that these facilities would be located on. He added that if a site is desirable because of the
elevation or geographic location it may not be beneficial to have several monopoles on the site. He
further added that too many poles could create interference and also give the appearance of a pole farm.
Councilmember A wada said that the Council should do what is most financially beneficial to the
City. Councilmember Blomquist stated she is concerned about the appearance of a pole farm on some of
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
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OC160
the City's best property and she also inquired as to which properties this is going to be allowed on.
Councilmember Wachter said he would like the Council to be able to use their discretion as to which sites
poles are located on. City Administrator Hedges added that if the Council approves a policy it would be
necessary to determine individual requests on a case by case basis.
Councilmember Awada moved, Councilmember Wachter seconded a motion to draft a policy to
consider the leasing of City property to commercial communication providers for the placement of
freestanding towers on City owned property on a case by case basis. Aye: 5 Nay: 0
Councilmember Blomquist asked if the policy will be presented to the City Council for formal
approval. City Administrator Hedges said that the ordinance, policy, fee structure, number of poles to be
allowed on a specific site and the identification of potential sites will be presented to the Council.
CONSIDER STOP SIGN REQUEST, COVENTRY PARKWAY AT COUNTRYVIEW DRIVE
Councilmember Wachter noted that this request does not meet any of the warrants.
Councilmember A wada said that the Council still needs to address the perceived danger of the residents.
Director of Public Works Colbert explained that the City of Eagan is participating in a traffic calming
study and a survey of 64 communities has been conducted to see what traffic calming measures are being
utilized. He said that ten projects have been zeroed in on and they will be following through with studies
to see if the residents have perceived a benefit. He added that they hope the study will be completed by
September of this year.
Councilmember Blomquist said the request for a stop sign should not be denied but rather
continued indefinitely and the residents should be notified.
Councilmember Blomquist made a motion to continue this item indefinitely and include it with
other stop sign requests that have been made and direct the Director of Public Works to examine other
types of signage, besides stop signs, that could be utilized to reduce the speed on residential streets.
Councilmember A wada requested the motion be amended to receive a petition and deny the
installation of stop signs at the intersection of Coventry Parkway and Countryview Drive and place this
request on a future Council agenda after the traffic calming studies have been completed next fall. She
seconded the earlier motion. Aye: 5 Nay: 0
REVIEW/COMMENT ON DAKOTA COUNTY
5- YEAR CAPITAL IMPROVEMENT PROGRAM (1998-2002)
City Administrator Hedges provided an overview on this item. Councilmember Blomquist said
that she would like to see some projects moved to the nothing scheduled categories. Discussion
continued regarding the timeline for the scheduled projects. The Council concurred with the current
County 1997-2001 Five-Year CIP with the following changes: Roadway Improvements: Cliff Rd. :
ChesMar Drive to Lexington from 1998 to 1999; Lone Oak Road: TH 55 - County Rd. 63 (IGHT's) from
future to 1999; Pilot Knob Rd: Yankee Doodle Road - Duckwood Dr. from future to 2001 for the County;
Signals: Lexington Ave. @ Wescott Rd. from 1997 to 1998.
LEGISLATIVF/lNTERGOVERNMENTAL AFFAIRS
City Administrator Hedges stated that he received a fax from the MLC indicating that there is
some legislation in the Omnibus Tax bill that could remove as much as a half million dollars of HACA
LGA.
Councilmember Masin said that the MVT A will be changing the way it operates in the future
whereas if something is to be constructed in a city, the city will be taking the lead and the MVTA will be
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6,1997
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involved in the partnership. She added that they are working on a strategic plan. City Administrator
Hedges commended the MVT A on this decision.
ADMINISTRATIVE AGENDA
DIRECTION REGARDING PUL TE DEVELOPMENT COMPANY
City Administrator Hedges provided an overview on this item. He distributed a letter that was
sent by a neighborhood group to Pulte Development which indicates their desire to have single family
homes included in Pulte's development proposal. He stated that in review of the November, 1996 City
Council minutes it was clear that certain Councilmembers had requested that the development company
consider building single family homes. Councilmember Awada said she would like the property they are
considering developing zoned R-1. She further said that City Administrator Hedges should have the
authority to discuss with PuIte Development Company the Council's preference for the development of
single family homes. Councilmember Wachter added that it does not appear, according to the new plan,
that the developer has taken the Council's request into consideration.
Councilmember Awada asked that the neighborhood be informed of this discussion between the
Councilmembers. Councilmember Blomquist said that the Council is not looking for any reduction in the
number of units per acre but prefers that they be reconfigured as detached single family units. She said
she was not opposed to granting some variances. Councilmember Wachter added that granting variances
is expected in a large area like this. Senior Planner Ridley asked if the Council would be willing to accept
some lots smaller than the standard width of 85 feet. Councilmembers concurred that they would be
willing to accept some lots being smaller than the standard size.
Director of Public Works Colbert stated that Engineering staff met with representatives of the
developer expressing their concerns about the number of direct driveway accesses that would come on to
Johnny Cake Ridge Road. He said that road is classified as a community collector and will start to
function as a frontage road for I35-E from Johnnycake up to Deerwood Drive. He added that they are
concerned about all of these houses having their front yards onto a community collector and it can be
anticipated, that shortly after the residential development is constructed, the residents would be coming
to the City with concerns about the volume and speed of traffic. He further added in discussions with the
developer he indicated there were some things they could change but they would result in requiring a
variance for a length of the cul-de-sac. He said that the developer was told staff would look at that option
and provide some recommendations and the benefits of granting a variance but the Council would need
to make the final decision. Councilmembers concurred that staff should continue to work with the
developer to make any necessary modifications. Mayor Egan asked if there are any topographical,
wetland or woodland constraints that could impair this development. Director of Public Works Colbert
said that there are certain constraints that do limit their ability to modify the layout and they are trying to
work with the developer to work out a compromise to minimize the concerns.
City Administrator Hedges summarized the Council's direction for him as follows: To contact
the developer and inform them that the City Council would prefer the development of single family
homes, that the same number of units is acceptable, reasonable variances will be considered, and request
that they utilize their computer software to generate a layout of an R-l subdivision for review.
Councilmembers were in agreement with this direction. City Administrator Hedges added that he would
contact Bill Cattrell, representing the neighborhood, and provide him with this information.
AT & T PCS MONOPOLE LEASE APPLICATION - CLIFF ROAD RESERVOIR SITE
Director of Public Works Colbert gave a staff report and stated that the Council should determine
who should own the monopole tower. Councilmember A wada said that the City should make the
maximum amount of revenue as is possible. City Attorney Sheldon noted they could try and work that
out. Councilmember Blomquist stated that she does not want to see eyesores all over town.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
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Peter Beck, representing AT & T Wireless, commented that the most creative agreement that he
was involved in negotiating was with the City of Apple Valley. He said the provider is the owner of the
pole that was placed on the Public Works garage and they leased the land from the City. He further said
there is a requirement built into the lease that states they must make the pole available for co-location and
the financial advantages gained from the renting of the pole are then split with the City. He added that
the provider is responsible for maintaining the pole.
Direction was provided to determine what will provide the best financial benefit to the City,
allowing one pole on the site with as many users as feasible on the pole.
Councilmember Blomquist stated that the height of the pole is also a concern. Mayor Egan said
he would like the height of the pole to remain at 75 feet. Councilmember Wachter added that the location
of the pole should be very discretionary depending upon what gives the customer the best reception. He
further added that limitations should not be imposed until the report is completed. He said the Council
wants to be reasonable and flexible in order to obtain satisfactory results. Mr. Beck noted that the number
of users is directly related to the height and more users will require a pole taller than 75 feet. Mayor Egan
stated that staff should have the discretion to use sound judgment in determining the height of the pole.
CONTRACT 97-01B, EMERGENCY VEHICLE PRE-EMPTION (EVP)
SIGNAL MODIFICATIONS
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
plans and specs for Contract 97-01B (EVP) equipment and authorize a bid opening to be held at 10:30 a.m.
on Friday, June 6,1997. Aye: 5 Nay: 0
INVER GROVE HEIGHTS NOTICE OF PCS ANTENNA MONOPOLE INSTALLATION
CounciImembers had no comments regarding this item.
ROUNDTABLE
City Administrator Hedges noted that there would be an executive session following the Council
meeting.
Councilmember Wachter said he had a concern about why the Police Department has spent 123%
of their capital outlay. He referenced correspondence sent by Stan and June Ketcham and stated he is
sympathetic to them but did not think there is anything the City can do. He said it appears that the Fire
Department is not happy with the contractor of Fire Station #1 and he hopes the issues can be resolved.
City Administrator Hedges stated that Fire Chief Jensen has done a wonderful job of monitoring the
issues. Councilmember Wachter noted that $500 will be designated toward the refurbishment of the
City's first and retired fire truck referred to "Old Jenny". He asked what could be done to help address
the issue of not extending Lone Oak Road from TH 13 to Pilot Knob Road. Mayor Egan said that he and
City Administrator Hedges talked about a strategy today.
Councilmember A wada commented that some information regarding the Fire Administration
building cost was sent to her.
Councilmember Masin stated that she is serving on the LMC Improving Community Life
Committee. She said that the youth subcommittee will be having a workshop at the June conference. She
further said that she is serving on the Leadership Committee and mentioned that information will be sent
to each of the Councilmembers. She referenced last year's collaborative meeting which was held with the
City Council and elected officials and asked about scheduling another one. Councilmembers concurred
with holding another collaborative meeting on June 24.
EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997
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Councilmember Blomquist presented City Administrator Hedges with some questions on the
bills. She asked for an update on what is happening with regard to the Soderholm property.
Councilmember Masin moved, Mayor Egan seconded a motion to set a Special Council meeting
for June 24 at 5:00 p.m. to be followed by a collaborative meeting with elected officials. Aye: 5 Nay: 0
CHECK REGISTER
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated May 1, 1997 in the amount of $1,871,168.82. Aye: 5 Nay: 0
ADJOURNMENT
The meeting adjourned at 11:05 p.m. to an Executive Session.
May 6, 1997
Date
MLK
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Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535).
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