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09/01/1998 - City Council RegularMinutes of the Regular Council Meeting September 1, 1998 page 1 ®1 MINUTES OF A REGULAR MEETING OF THE 0 EAGAN CITY COUNCIL Eagan, Minnesota September 1, 1998 A regular meeting of the Eagan City Council was held on Tuesday, September 1, 1998 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 Awada moved, Councilmember Blomquist seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 fUTES t E' A GU ST';18,1?998 l G' t 11i?C Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MIN TES OF THE At7GUS f 4,1 SPECIAL. MULTI Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 .......... ....................... DPPAKTMENT MAD BUSINESS TREE PLANTING PROGRAM City Administrator Hedges provided an overview on this item. He reported on the activities of the City Wide Tree Planting Program Advisory Committee, their purpose, the previous direction given by the Council and introduced City Forester Hove and Ms. Inez Bergquist of the Eagan Foundation to answer questions about the program. Councilmember Awada stated that the advisory committee had been composed of numerous volunteers from the Eagan Collaborative meeting held in June. She referred to the broad community support for this program as a key to its imminent success. Councilmember Blomquist stated that she is in favor of the project, considered it good planning on the part of the City to replace the lost trees and inquired if the proposal was agreeable to the rest of the Council. City Administrator Hedges reviewed the items in the proposed budget of $270,130, stating that the cost includes purchase of trees, donor recognition and $28,000 for a marketing campaign. Councilmember Blomquist stated that the budget and the project seemed very reasonable. She encouraged everyone in the community to get out and volunteer for this program. Councilmember Wachter stated that the tree loss had been substantial and that the program addressed those needs well. Ms. Inez Bergquist of the Eagan Foundation was present and addressed the Council. She stated that the purpose of the Foundation was to bring the community together and that this program was an ideal mechanism for achieving that goal. She further stated that this complements the goals and objectives of the Eagan Healthy Communities Initiative by addressing several of the Search Institute's list of desirable assets. Mayor Egan supported Ms. Berquist's comments by stating that this received support from Rotary, the boy and girl scouts, the school community and the City and was, therefore, a truly community-wide program. Councilmember Awada informed the Council that the committee had asked Councilmembers Wachter and Masin to coordinate the permanent recognition at City Hall for donors to the program. Mayor Egan stated that he had no problem allocating $17,000 from the contingency fund this year, but was somewhat hesitant about the appropriation for the coming year. City Administrator Hedges reminded the Council that 90% of the clean-up costs for the storms would be covered by state Minutes of the Regular Council Meeting September 1, 1998 page 2 and federal funds. He stated that the money saved by the City that would have been removed from the contingency fund for clean-up and that those funds will now essentially be redirected to pay for Eagan's Forever Green Program. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve Eagan's Forever Green Program as stated for implementation by the City Wide Tree Planting Program Advisory Committee. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Masin seconded a motion to appropriate $17,013.00 from the 1998 contingency to implement the Fall 1998 portion of Eagan's Forever Green Program. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to direct staff to reduce the contingency amount in the 1999 General Fund Operating Budget by $68,052 to be appropriated to the Eagan's Forever Green Program. Aye: 5 Nay: 0 Councilmember Awada noted that with the planting of the 5,000 seedlings, the total number of trees planted in Eagan would be 10,000. AQUATIC POOL FINANCING City Administrator Hedges provided an overview on this item. He commented that the Council had planned the financing for the facility to have no impact on the taxpayers and that the proposed options as stated in the background memorandum would accomplish that objective. Finance Director VanOverbeke gave a report on the background and issues surrounding the financing of the Aquatic Facility. He stated that the proposed financial package would combine borrowing and use of Community Investment Fund dollars to finance the Aquatic Facility. He explained that the sale of the Cinnamon Ridge note would be a possible financing option for the borrowing component of the package. He further stated that although the amount may be less than the Council would have liked to borrow, it would be cost-prohibitive to administer two bond issues. He discussed the issues surrounding the Cinnamon Ridge note. City Administrator Hedges commented that this is the first time Cinnamon Ridge had been discussed in conjunction with the Aquatic Facility. Finance Director VanOverbeke commented that one of the conditions of sale for the Cinnamon Ridge note would be tax- exempt status, so it would only be available to the City as a financing option for a tax-exempt project. He stated that the only project for which this financing would be applicable is the Aquatic Facility. Mayor Egan commented that the flexibility of the financing options is attractive. Councilmember Blomquist asked what information, numbers and fees were used to calculate the high- end revenue projections. Finance Director VanOverbeke stated that Water Technologies arrived at the projections by comparing the Eagan facility to other facilities across the country, modifying the numbers to allow for differentials in demographics, bather capacity, etc. Councilmember Blomquist asked what fees had been used to calculate the projected revenues. Finance Director VanOverbeke re-stated that the figures are a blended average of the experiences in other communities and included both fees and concessions revenues. He stated that the financing package had been designed to be flexible so the Council would have reasonable discretion when it came time to format a fee package for the Aquatic Facility. City Administrator Hedges stated that the staff needed direction about the amount of debt the Council would take on in the course of this project before the fees were set because if the fees had been set first, there would have been less flexibility for financing decisions. He stated that the Council would be considering a fee schedule/package for the Aquatic Facility after the financing had been solidified. Councilmember Blomquist inquired if resources and funds would be set aside to maintain the facility over the proposed 20-year financing period. Finance Director VanOverbeke stated that detailed options for those provisions would be included in the upcoming budget process that would begin after preliminary approval of the finance plan by the City Council. Mayor Egan stated that he was in favor of selling the Cinnamon Ridge note. City Administrator Hedges suggested that the Council formally direct staff regarding the next step of this financing process. 00324 Minutes of the Regular Council Meeting September 1, 1998 page 3 Councilmember Awada moved, Councilmember Wachter seconded a motion to authorize staff to proceed with negotiations to sell the Cinnamon Ridge note and return to the Council with updated information when it is available. Aye: 4 Nay: l (Blomquist opposes) CONSENT AGENDA .............................................. . In regard to Item C, Exempt permit, Osman Shrine Temple to conduct raffles on March 15, Tune 15, September 15 and December 15, 1999 at 2750 Sibley Memorial Highway, Councilmember Awada stated that she would abstain. In regard to Item F, Project 725, receive final assessment roll/order public hearing (Oak Chase Add. - Street Imp.), Councilmember Blomquist stated that she would abstain. In regard to Item N, Bid Packages 3, 4, 5, and 6 Aquatic Facility, Councilmember Blomquist expressed concern about the uncertainty surrounding the need to rework the bid packages as discussed at the Special Council meeting. She stated that she is uncomfortable with the bids as presented and was opposed to eliminating the security system from the Aquatic Facility. Director of Parks and Recreation Vraa stated that he was reasonably comfortable with the numbers in the bids and that several bid packages would be re-bid. Councilmember Awada stated that her understanding of the security system was not that it had been eliminated from the project, but that it needed to be re-bid. Director of Parks and Recreation Vraa confirmed her comment. Councilmember Blomquist stated that she would vote nay on this item. A. Personnel Items Item 1. It was recommended to approve the hiring of Mike Sheggeby as the Civic Arena/ Aquatic Facility Maintenance Worker. Item 2. It was recommended to approve the hiring of Bruce Barry and David Schomburg as part-time seasonal basketball scorekeepers. Item 3. It was recommended to approve the hiring of Jeff Freeman, Guy Dawson and Mark Samstad as part-time seasonal football officials. Item 4. It was recommended to approve the hiring of Aaron Fitzloff as a part-time seasonal arena supervisor. Item 5. It was recommended to approve the hiring of Alexis Drews as a seasonal park maintenance worker. Item 6. It was recommended to acknowledge the undergraduate internship of Adam Kent with the Parks and Recreation Department. Item 7. It was recommended to accept the resignation of Rich Brasch, Water Resources Coordinator. Item 8. It was recommended to accept the letter of resignation from Benita Soller from her positions as part-time pre-school instructor and part-time recreation program assistant. B. Approve classification of tax forfeited property. It was recommended to declare the following parcel as having public purpose and to request acquisition of the parcel: #110-32990-020-00 and to declare the following parcels as non-conservation land: #210-55300-160-05; #310-83730-020-00; #4 10-83730-030-00; and #510-83730-040-00. ©0325 C. Exempt permit, Osman Shrine Temple to conduct raffles on March 15, June 15, September 15 and 98-70 December 15,1999 at 2750 Sibley Memorial Highway. It was recommended to approve an exemption from the lawful gambling requirement for Osman Shrine Temple for raffles to he held on March 15, June 15, September 15 and December 15, 1999 at 2750 Sibley Memorial Highway. (Councilmember Awada abstained) Minutes of the Regular Council Meeting September 1, 1998 page 4 00326 D. Exempt permit, Duck's Unlimited to conduct a raffle at the Royal Cliff Banquet Facility on 98-71 September 15. 1998. It was recommended to approve an exemption from the lawful gambling requirement for Duck's Unlimited to for a raffle to be held on September 15, 1998 at the Royal Cliff Banquet Facility. E. Final Subdivision, Royal Oaks Realty, for Royal Oaks. It was recommended to approve a Final 98-72 Subdivision (Royal Oaks) consisting of 34 lots and 4 outlots on approximately 21.4 acres located south of Yankee Doodle Road on the east side of Wescott Woodlands Drive in the NE 1/4 of Section 14. F. Pro ject 725, receive final assessment roll/order publi c hearing (Oak Chase Add. -Street Imp.). It was recommended to receive the final assessment roll for Project 725 (Oak Chase Addition - Street Improvements) and schedule a public hearing to be held on October 6, 1998. (Councilmember Blomquist abstained) G. Project 727, receive final assessment roll/order public hearing (Donnywood Add. - Street Imp.). It was recommended to receive the final assessment roll for Project 727 (Donnywood Addition - Street Improvements) and schedule a public hearing to be held on October 20,1998. H. Project 728, receive final assessment roll/order public hearing (Evergreen Park Add. - Street Imp.). It was recommended to receive the final assessment roll for Project 728 (Evergreen Park Addition - Street Improvements) and schedule a public hearing to be held on October 20, 1998. 1. Project 729, receive final assessment roll/order public hearing (Wilderness Run 5th & 6th Add. - Street I.mp.). It was recommended to receive the Final Assessment Roll for Project 729 (Wilderness Run 5th and 6th Additions - Street Improvements) and schedule a public hearing to be held on October 6, 1998. J. Project 745 and 746, authorize easement acquisition (Blue Gentian & Blue Water Rd. - Streets and 98-73 Utilities). It was recommended to authorize the acquisition of easements and rights-of-way, through condemnation if necessary, for Projects 745 & 746 (Blue Gentian & Blue Water Road - Streets and Utilities). K. Project 668, convey easements to Dakota County (Lone Oak Rd. - Co. Road Upgrade). It was recommended to authorize the transfer and conveyance of Permanent and Temporary Easements as described to Dakota County for City Project 668 (Lone Oak Rd. - Upgrade) in the amount of $26,000 and authorize the Mayor and City Clerk to sign all related documents. L. Contract 98-09, approve Change Order #2, Valley View Plateau (Street & Utility Improvements). It was recommended to approve Change Order No. 2 to Contract 98-09 (Valley View Plateau - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. M. Project 96-CC, amend Development Agreement (Majestic Oaks - Completion Dates). It was recommended to amend the completion date for Project 96-CC (Majestic Oaks, Phase One - Street Construction) as stated in the development agreement from June 30, 1998 to October 31, 19998. N. Bid Packages 3, 4, 5, and 6 Aquatic Facility. It was recommended to award bid packages to 3, 4, 5, and 6 for the Eagan Aquatic Facility to the lowest responsible bidder. (Councilmember Blomquist opposed) 0. Receive bids and award contract Lawrence/Linde home demolition. It was recommended to receive the bids for demolition of buildings on the property at 908, 912, and 916 Lawrence and 2795 and 2799 Linde Lane, award the contract to Hoffbeck Trucking, Inc. for the Base Bid in the amount of $31,040.00, and authorize the Mayor and City Clerk to execute all related documents. P. Receive bids and award contract Airliner and Spruce Motels demolition. It was recommended to receive the bids for demolition of the Airliner and Spruce Motels (2788 and 2794 Highway 55), award the contract to Hoffbeck Trucking, Inc. for the Base Bid in the amount of $32,850.00, and authorize the Mayor and City Clerk to execute all related documents. Minutes of the Regular Council Meeting September 1, 1998 page 5 00327 Q. Approve No-Parking Resolution - Lone Oak Road (Neil Armstrong Blvd. to Lone Oak Drive). It 98-74 was recommended to approve the resolution establishing No-Parking on Lone Oak Road (County Road 26), from Neil Armstrong Boulevard to Lone Oak Drive and authorize the Mayor and City Clerk to execute all related documents. R. Vacate easements, receive petition/ schedule public hearing - Lexington Addition. It was recommended to receive the petition to vacate public right-of-way and drainage and utility easements within the Lexington Addition, and schedule a public hearing to be held on October 6,1998. S. Project 748, receive petition/authorize feasibility report - Johnny Cake Ridge Road (Streets and Utilities). It was recommended to receive the petition from the developer, Pulte Homes, and authorize the preparation of a feasibility report for Project 748 (Johnny Cake Ridge Road - Street and Utility Improvements). Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the consent agenda with the aforementioned abstentions and oppositions. Aye: 5 Nay: 0 'USY 1C;HEAR.ItGS ............................... ..... PROJECT 692, FINAL ASSESSMENT HEARING (OLD SIBLEY HIGHWAY - STREET & SANITARY SEWER) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. He stated that the improvement had been installed via the public improvement process and that 154 properties would be assessed for the benefits. He stated that the total assessments would be $377,301.49 of which the City would pay $163,968.13. The remainder would be certified over a 5-year period at an interest rate of 6.5%. He commented that he had a letter from a property-owner objecting to the assessments. Mayor Egan opened the public hearing to anyone wishing to speak. Mr. Greg Preusse, the new owner of two parcels of impacted land on Old Sibley Memorial Highway, was present and addressed the Council. He stated that the previous road had been in excellent condition and should not have been torn up for the purposes of this project. He further stated that he had no problem with the curb and gutter improvement, but asked the Council to rescind or at least reduce his assessments due to his objections. He stated that he felt that he had been discriminated against because Group W Cable had not been assessed for the improvements that impacted their property. Director of Public Works Colbert stated that Group W had paid for 100% of the street improvements as a condition of developing their property. Councilmember Masin asked Mr. Preusse to darify his comments in his letter regarding the design of the road. Mr. Preusse responded that he considered the road to be poorly designed. He questioned the engineering work and commented that the angle of the turn and the steep embankment at the Y in the road was particularly dangerous. He stated that he may hire an engineer to evaluate the work and that he will also pursue resolution against the contractor who dumped unauthorized fill on his property. He also stated his concern that no curb depression was provided for the gated access to his property. City staff and the Council expressed concern about this incident and directed staff to continue working on this issue regardless of the decision about the assessment roll. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Blomquist asked for clarification about the state of the road prior to the project. Director of Public Works Colbert commented that the City was unable to salvage the pre-existing road due to its rural-level quality and the numerous utility installations. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 692 (Old Sibley Highway - Street and Utilities) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 1 (Blomquist opposes) Minutes of the Regular Council Meeting September 1, 1998 page 6 Councilmember Blomquist stated that she was voting against the item because she remains opposed to the City's assessment policy. PROJECT 743, (TOWERVIEW ROAD/LEMAY LAKE - UTILITIES) City Administrator Hedges provided an overview on this item. He stated that the Council decided at the Special Council meeting at the request of the impacted property-owners to continue this public hearing indefinitely. After clarification from City Attorney Sheldon, City Administrator Hedges recommended denying the project with the understanding that if the impacted property owners petition the City in the future that they would be charged no fees. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to deny the project with the stipulation that the impacted residents would have the option to approach the Council in the future without being charged the required fees. Aye: 5 Nay: 0 LLD BUSINESS ..................................... ...................................... 00328 PLANNED DEVELOPMENT AMENDMENT, VACATION & FINAL PLAT, - DUKE REALTY 98-75 City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He reviewed the location of the development and stated that the original planned development had called for three uses including a private school, a retail parcel and an office/showroom parcel. He stated that the property is zoned planned development and guided Industrial. He requested action by the Council regarding the requested easement vacation. Mayor Egan inquired if the change from two buildings to one building represented a significant enough change to require this matter to go before the Advisory Planning Commission again. Senior Planner Ridley stated that the revised plan addressed concerns that were raised about the original plan, specifically ameliorating the problems with the formerly proposed access onto Silver Bell Road. He stated that because the concerns had been addressed and the use had not changed, it was not necessary for the Advisory Planning Commission to review the revised planned development. Councilmember Awada inquired about when the development would be constructed and was informed by the applicant's representative that construction would begin in the fall. Councilmember Awada stated that the redevelopment RFP had recently been completed included the proposed development area. City Administrator Hedges confirmed Councilmember Awada's comment and stated that the RFP had been reviewed and approved by the Economic Development Commission and the City Council; he further stated that it would be distributed to several firms soon. Mayor Egan stated that there is no legal basis to not move forward with the planned development, but commented that the City may have to gerrymander its redevelopment around this property. He encouraged the applicant to consider waiting until after the City had reviewed the proposals for the greater Cedarvale area and then procede by developing the property with the highest and best use. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Planned Development Amendment (to allow a 234,900 square foot office/showroom/warehouse) and Vacation of public easements upon property currently platted as Lots 1, 2, and 3, Block 1, Dallas Development 2^d Addition subject to the following conditions: 1. Lots 1, 2, and 3, Block 1, Dallas Development 2^d Addition shall be replatted as a single parcel. 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: Final Site Plan Final Landscape Plan Final Building Elevations and Signage Plan Minutes of the Regular Council Meeting September 1, 1998 page 7 Lighting Plan 4. The Final Site Plan shall be modified to specify that semi-tractor trailer and/or tractor egress onto Silver Bell Road shall be prohibited. Use of the structures shall be limited to office/showroom/warehouse activities. 6. The proposed precast concrete finish materials shall be integrally treated with an applied decorative material or texture. 7. The Final Site Plan shall be revised to accurately specify a building coverage of 27 rather than 3.7 percent. 8. The outside storage of materials, other than trash handling/ recycling containers, shall be prohibited. 9. Existing drainage and utility easements shall be vacated prior to Final Plat approval. 10. The applicant shall obtain a permit from MnDOT to allow drainage from the development onto the Hwy. 13 right-of-way. 11. All trash/recycling containers shall be stored within the principal buildings or within an enclosure consistent with City Code requirements. 12. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 13. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. 14. A comprehensive signage plan shall be submitted which specifies general sign locations and design (type, size, etc.). All site signage shall comply with applicable provisions of the City Sign Code. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Final Plat (Silver Bell Commons) legally combining Lots 1, 2, and 3, Block 1, Dallas Development 2nd Addition into a single 16.6 acre parcel. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - JEH/EAGLE SUPPLY, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan commented that the proposal seemed reasonable and straightforward. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a Conditional Use Permit to allow the outside storage of roofing materials upon a 4.8 acre site located west of I-35E and south of Eagan Industrial Road (Lot 15, Block 5, Eagan Industrial Park) subject to the following conditions: 1. The Conditional use Permit shall be recorded within 60 days of its approval by the City Council. 00329 2. Outdoor storage activities shall be confined to the rear area of the site within the area specifically designated on the site plan. Minutes of the Regular Council Meeting September 1, 1998 page 8 3. The height of the stored materials shall not exceed nine feet in height. Aye: 5 Nay: 0 FINAL PLANNED DEVELOPMENT - CSM PROPERTIES (LOT 1, BLOCK 1, BLUE RIDGE SECOND ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He commented that the planned development would include two office showrooms and that the use is consistent with the Laukka-Beck Planned Development. Mr. Bruce Johnson of CSM was present and addressed the Council. He stated that he was available for questions. Mayor Egan commented that the redevelopment area near Hwy 55 was becoming a highly attractive location which he expects will be a first-class, high-quality development. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a Final Planned Development to allow two office/showroom buildings upon property currently platted as Lot 1, Block 1, Blue Ridge Second Addition subject to the following conditions: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. 2. The following exhibits are required for the Final Planned Development Agreement: B. Final Site Plan C. Final Landscape Plan D. Final Building Elevations and Signage Plan E. Lighting Plan 3. The site plan shall be modified to provide three additional off-street parking spaces as required by City Code. 4. The outside storage of materials, other than trash handling/ recycling containers, shall be prohibited. 5. Retail sales activities shall be prohibited. 6. The City finds the proposed building coverage (26 percent of the site) to be acceptable. Aye: 5 Nay: 0 ................................................................. ................................................................. VISITORS TO BE HEARD Mr. John Fure of the Eagan Sun Current introduced himself to the Council. Mayor Egan welcomed him on behalf of the Council. ..................................... ROUND:TAB1rE .................................... ................................. Councilmember Wachter commented on the outstanding progress of the Civic Arena second sheet of ice, stating that the compressors are now operational. Mayor Egan encouraged the Councilmembers to attend the Employee Recognition Picnic and stated that he will stop in between meetings that afternoon. City Administrator Hedges commented that the time is somewhat inconvenient, but encouraged the Council to join the staff at the picnic. 00330 Minutes of the Regular Council Meeting September 1, 1998 page 9 00331 Councilmember Masin asked for confirmation that the Council had approved of the MVTA 'l Strategic Plan. The Council confirmed. She showed the Council a copy of the fundraising brochure put out by the City of Burnsville. She directed the Council's attention to the last edition of the Sun Current which had focused on transportation. She reminded the Council of the upcoming Collaborative Meeting in October and expressed enthusiasm for the new organization and format. Councilmember Blomquist apologized for seeming inattentive lately and cited stressful conflicts with her job as a cause. She commented on the truck sales and service facility recently approved on Mike Collins Drive being for sale by owner Vince Kennedy because the site is too small for the operation. .... ... ....... ............................................ AMOIJ NWNT Councilmember Wachter moved, Mayor Egan seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 The meeting adjourned at 8:15 p.m. AH September 1, 1998 Date City Clerk 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, (612) 681-4600, (TDD phone: (612) 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.