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07/22/2003 - City Council Special MINUTES OF A SPECIAL CITY COUNCIL MEETING TUESDAY , JULY 22, 2003 5:30 P.M. EAGAN CITY HALL COMMUNITY ROOM Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. Also present were City Administrator Hedges, Assistant to the City Administrator Lord, Parks and Recreation Director Vraa, and Civic Arena Manager Vaughan. I. ROLL CALL AND AGENDA ADOPTION Councilmember Tilley moved; Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. RECEIVE APrC RECOMMENDATION FOR THE CAPONI LAND ACQUISITION City Administrator Hedges introduced the item, noting that the City Council, at their June 24, 2003 Joint City Council! APrC special meeting, provided the APrC with four directives relating to the Caponi land acquisition. Those four items included: 1.) Explore the option of a referendum for the acquisition of the Caponi property; 2.) Discuss funding options for the 50 percent of the funding that would not be covered by the Parks Site Fund; 3.) Provide further detail into "Option 2" (two phased approach with no purchase obligation); and, 4.) Prepare suggested nominees for the Caponi Art Park Board and the time frame for completion. Mayor Geagan introduced APrC Chair Terry Davis and thanked him and his fellow APrC Commissioners for being present at the meeting. Chair Davis, in response to the City Council's directives, provided summaries of the APrC's discussion on each of the four items. Davis noted that it is the APrC's recommendation that if a referendum were to be held in regard to the Caponi property, that the earliest the referendum should be held is 2004. Davis stated that the APrC is unsure of monetary value of the land at this time, and also suggested that the referendum could possibly include funding to purchase all or a portion of the Caponi property, as well as funds for future property acquisitions. In response to Directive 2, Davis noted that a member of the APrC met with Director of Administrative Services VanOverbeke to discuss the various funding options that the City has available to purchase a portion ofthe Caponi property. The APrC concluded that they were Special City Council Meeting Minutes July 22, 2003 Page 2 not able to identify a clear cut funding source above the 50 percent of the funding that would not be covered by the Park Site Acquisition Fund. Chair Davis, in response to Directive 3, presented three scenarios for consideration within the Option 2 financing. It was the APrC's recommendation that the City use $200,000 from the CIP Park Site Acquisition Fund to purchase ten acres of the Caponi property adjacent to Patrick Eagan Park, which would also connect to Diffley Road. The APrC also recommended that this land then be annexed to Patrick Eagan Park. The City Council and members of the APrC discussed the various funding options available to purchase the Caponi property. Parks and Recreation Director Vraa addressed the Council, noting that he had just returned from a meeting with Mr. Caponi and Bob McGilivrey from Trust Public Land (TPL). Vraa summarized Mr. Caponi's recent proposal to the City for the acquisition of the property. Vraa stated that Mr. Caponi is suggesting that the City and TPL enter into an agreement with the Caponi's for the southerly 20 acres of the Caponi property. Under that arrangement, Caponi is suggesting that the City provide $200,000 up front (20 percent of the value), and over the next 12 to 18 months work to acquire grants to fund the remaining $800,000. In addition to the agreement with TPL and the City, Caponi is recommending that 20 acres be purchased by the Caponi Art Park Board. Furthermore, ten acres would be purchased by Macalester College, and ten acres would be donated to Macalester College by Mr. Caponi. Upon hearing Mr. Caponi's recent proposal, the City Council recessed at 5:55 p.m. The City Council reconvened at 6:05 p.m. Mayor Geagan clarified that the purpose of the recess was for him to discuss with City Administrator Hedges the legality of the proposal and the direction the City Council could take. Mayor Geagan noted that the APrC has put in a significant amount of time and effort into the recommendations provided to the City Council regarding the Caponi property. The City Council, upon hearing of the most recent proposal, discussed whether to table the discussion until such time as the most recent proposal could be further discussed, or to continue with the recommendation of the APrC as presented at tonight's meeting. The City Council agreed to continue discussion on the APrC' s recommendations as presented in preparation for tonight's meeting. Bob McGilivrey from TPL addressed the City Council. The City Council discussed the art sculptures that are on certain areas of Mr. Caponi's land. Mr. McGilivrey and Parks and Recreation Director Vraa, at the Council's request, noted that after discussing the APrC's recommendation with Mr. Caponi, he did not appear to be interested in pursuing the proposal being recommended by the Commission. The City Council discussed what their next step should be in regards to the APrC's recommendation, in light of the proposal being offered by Mr. Caponi. The City Council noted their desire to have confirmation from Macalester College in regards to the ten acres that Mr. Caponi is suggesting they will purchase. Councilmember Carlson moved; Councilmember Tilley seconded a motion to table the discussion on the Caponi property acquisition until the City receives confirmation from Macalester College that they have entered into a purchase agreement on the ten acres of the Caponi property. Aye: 5 Nay: 0 Special City Council Meeting Minutes July 22, 2003 Page 3 The City Council recessed at 6:25 p.m. to recognize Planning Commission Gary Huusko, who is resigning from his Chair position on the APC due to his acceptance of a new professional position with the law firm of Severson, Sheldon, Dougherty and Molenda. The City Council reconvened at 6:40 p.m. IV. STATUS UPDATE 2004 GENERAL FUND OPERATING BUDGET City Administrator Hedges introduced the item and thanked the City Council for the feedback they provided to the budget information presented at the June 24 City Council workshop. Hedges added that he provided the Council's input to the Department Directors, which was discussed at each of the meetings that the City Administrator had with the department directors. Hedges noted that at this time, narratives, revenue projections, and an information based budget are being prepared to be presented to the City Council in August. Hedges also informed the Council that on August 4 a budget timeline will be presented to the City Council, which will note that the first meeting in September is the time in which the City Council will consider the proposed levy. Councilmember Fields inquired about the City of New Brighton's recent policy to charge an additional administrative fee associated with traffic offenses. City Administrator Hedges noted that research would be done to inquire about New Brighton's program. V. CONSIDER 2004 CIVIC ARENA BUDGET City Administrator Hedges introduced the item noting that traditionally the Civic Arena Budget is acted upon in advance of the other Enterprise Funds and the General Operating Budgets due to the fact that the Civic Arena operations are run on a seasonal basis starting in September as opposed to the calendar year. City Administrator Hedges summarized the Civic Arena's 2003 and proposed 2004 revenues, expenditures, capital costs, and the current cash position of the Civic Arena Fund. Parks and Recreation Director Vraa presented an additional summary of the 2004 proposed budget. Vraa noted that seasonal staff salaries have been adjusted, but no changes have been made to the employee count. Vraa also presented the 2004 proposed rate increases, noting that it keeps pace with the fees of ice arenas in the surrounding area. Vraa suggested that $10,000 be allocated for capital expenses in each year in order to be consistent in addressing capital needs. Vraa also thanked Civic Arena Manager Mark Vaughan for his management of the Civic Arena and his ability to attract non-ice revenue. The City Council discussed the budget as proposed and asked questions of staff in regard to specific line items. The City Council also thanked staff for the format in which the budget was presented. Councilmember Carlson moved; Councilmember Tilley seconded a motion to recommend approval of the 2004 Civic Arena Budget as presented for ratification on the August 4 City Council Consent Agenda. The motion also included the recommendation to purchase the items included on the Civic Arena Capital Improvement List as presented and to be funded through the Civic Arena's cash reserve. Special City Council Meeting Minutes July 22, 2003 Page 4 VI. PERSONNEL POLICY: PROHIBITING FIREARMS AT WORK City Administrator Hedges presented a draft personnel policy to the City Council in regard to restricting City employees from possessing or carrying firearms on City property. Hedges also noted that the City Attorney has reviewed the draft policy and found it in order. The City Council discussed the policy and, in particular, whether the City could mandate that employees lock their vehicles. The City Council amended the policy, asked that it be reviewed by the City Attorney and included on the August 4 City Council Consent Agenda for formal ratification. The City Council directed that the amended draft policy be e-mailed to City employees, including the Fire Department, in order to receive their feedback prior to the Council's consideration of the policy on August 4. The City Council also suggested that upon approval, City employees should sign-off on the policy once they have reviewed it. VII. OTHER BUSINESS Councilmember Maguire recommended to the City Council that a letter be sent to Mr. Anthony Caponi to inform him of the direction that the City Council took at tonight's meeting, as well as what lead to the decision. The Council also suggested that a press release be issued in regards to the current status of the City's communications with Mr. Caponi. The City Council agreed that Mayor Geagan and City Administrator Hedges would prepare a letter to Mr. Caponi. Mayor Geagan noted that he and City Administrator Hedges met with staff from Senator Coleman's office, and specifically discussed the Council's goals for the establishment of a ring- road. Hedges noted that Senator Coleman will be at Lockheed Martin this August and would like to set a meeting with City staff to discuss the opportunities for the ring-road. Mayor Geagan also noted to Coleman's staff that it has been difficult to get the attention of the postal service bulk mail facility in regard to the extension of Denmark Avenue. Councilmember Carlson gave a brief update on the NOISE Conference that she and Councilmember Fields recently attended. Councilmember Carlson suggested that the City address issues of disclosure in regard to what property owners are currently required to disclose when selling their property. Carlson specifically noted that the state of California, due to lobbying by the City of San Francisco, recently passed state legislation requiring disclosure of airport issues effect on property. Assistant to the City Administrator Lord noted that she would bring the issue to the Airport Relations Commission for them to address. VIII. ADJOURNMENT Councilmember Maguire moved; Councilmember Fields seconded a motion to adjourn at 7:45 p.m. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 15, 2003 A regular meeting of the Eagan City Council was held on Tuesday, July 15, 2003 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan and Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary/Deputy Clerk Mira McGarvey. AGENDA Mayor Geagan added an additional item (B) under New Business. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENT A TIONS Raleigh Sellig was recognized and presented with a plaque for his twenty years of volunteerism with the community July 4th celebrations. Margo Danner was recognized and presented with a certificate for her extraordinary involvement as a community volunteer. CONSENT AGENDA Mayor Geagan pulled item D from the Consent Agenda Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 1, 2003 regular City Council meeting and the July 2, 2003 City Council retreat as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Kelly Clements and Jill Kuzma as guest services representatives at the Community Center. 2. It was recommended to accept the resignation of Joel Rausch, Engineering Technician. C. Check Registers. It was recommended to ratify the check registers dated July 3,2003 and July 10, 2003 as presented. D. National Night Out. Pulled for discussion E. Community Center Fee Schedule. It was recommended to approve a modification to the Community Center fee schedule to include a $20 per month aerobic membership fee to be available to Community Center fitness members per the recommendation of the Community Center Operations Committee. F. Community Center Meeting Room Equipment Fees. It was recommended to approve Community Center meeting room equipment fees/charges for services per the recommendation ofthe Community Center Operations Committee. G. Custodial Staff. It was recommended to approve the hiring of a full-time custodial staff person (night shift) at the Community Center in lieu of hiring a full-time guest services attendant per the recommendation of the Community Center Operations Committee. H. Final Subdivision. It was recommended to approve a Final Subdivision (River Run Addition) to create two 03-43 single family lots at 2987 Pilot Knob Road. I. Extension for Recording Final Plat. It was recommended to approve an extension oftime to record the Final Plat for Children's Therapy Addition, located north of Avalon Avenue on the west side of Pilot Knob Road in the NE y.. of Section 4. 1. Extension for Recording Final Plat (Heine 2nd Addition) - William Heine and Laura Burbach. Eagan City Council Meeting Minutes July 15, 2003 Page 2 K. Findings of Fact. It was recommended to confirm the Findings of Fact, Conclusions and Resolution of 03-44 Denial (Planned Development Amendment) - Anderson Builders. L. Proiect 01-Q. It was recommended to authorize the time extension of the development agreement for Project 01-Q (Perron Acres - Street and Utility Improvements) to August 31,2003. M. Proiect 01-S. It was recommended to authorize the time extension of the development agreement for Project 01-S (Finch Place - Street and Utility Improvements) to September 30, 2004. N. Proiect 02-C. It was recommended to authorize the time extension of the development agreement for Project 02-C (Natures Edge - Street and Utility Improvements) to August 31,2003. O. Contract 02-17. It was recommended to approve Change Order No.2 to Contract 02-17 (Central Parkway and Cedar Grove Area Streetscaping and Lighting Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. Dakota County Mutual Aid Fire Service Agreement. It was recommended to approve the Dakota County Mutual Aid Fire Service Agreement between the Cities of Apple Valley, Burnsville, Cannon Falls, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Miesville, Northfield, Rosemount, South St. Paul, and West St. Paul, the Metropolitan Airport Commission, and the Randolph-Hampton Fire District. Q. Amusement Device License. It was recommended to approve an Amusement Device License for ACMI/Sugarloaffor amusement devices at Cub Foods and Wal-Mart. R. Fee Schedule - Community Center Child Care Facility. It was recommended to approve the fee schedule for the Community Center Child Care Facility. S. Service Agreement/AET. It was recommended to approve the Service Agreement - Terms and Conditions to be accepted with the proposal from AET for a Phase I ESA for the Kopacek property. D. Mayor Geagan discussed National Night Out and encouraged residents to plan neighborhood gatherings for the evening. Mayor Geagan moved, Councilmember Tilley seconded a motion to adopt a proclamation recognizing August 5, 2003 as "National Night Out" in the City of Eagan 03-45 PUBLIC HEARINGS VARIANCE - LYNN LANGEVIN City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20 percent maximum building lot coverage by 3.65 percent at 930 Wildrose Court. Senior Planner Ridley gave a staffreport. Lynn Langevin, applicant, discussed her request for a variance, stating the home is designed for elderly residents. Mayor Geagan opened the public hearing. A neighborhood spokesman, Bradley Wirt, 927 Wildrose Court, spoke in support of the proposed variance on behalf of the neighborhood. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to exceed the 20 percent maximum building lot coverage allowed in an R1 (Single Family Residential) zoning district for a house with attached garage at 930 Wildrose Court; subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a god faith attempt to complete or utilize the use permitted in the variance. Eagan City Council Meeting Minutes July 15, 2003 Page 3 2. No additional accessory structures shall be permitted. 3. The total building coverage for the subject lot shall not exceed 23.65 percent. 4. The structure is subject to all other R-l, Single Family Residential zoning standards. VARIANCE - SARA WAGNER City Administrator Hedges introduced this item regarding a request for a variance to exceed the 20 percent maximum building lot coverage at 692 Oxford Road. Senior Planner Ridley gave a staff report. The applicant discussed the variance request. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance to exceed the 20 percent maximum building lot coverage allowed in an R-l (Single Family Residential) zoning district for a tree season porch addition at 692 Oxford Road; subject to the following conditions: Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The subject property shall not exceed 21 percent building coverage. 3. No additional accessory structures shall be allowed. 4. the building materials shall match the principal structure. VACATION OF PUBLIC RIGHT OF WAY - ALDER LANE City Administrator Hedges discussed a request from the owner at 3830 Alder Lane for the vacation of public right-of-way on the portion of Alder Lane adjacent to Lot 9, Block 1, Langhoven Addition. On June 3, the Council received the petition and set a public hearing for July 1 to consider vacating said right-of-way. At the July 1 public hearing, Council continued consideration to the July 15th meeting. Public Works Director Colbert provided an overview of the proposed vacation. Mayor Geagan opened the public hearing. Doris Dahline, owner of 3830 Alder Lane, discussed her desire to create a more private driveway access to her parcel. Public Works Director Colbert explained that a more private access to Ms. Dahline's parcel could be accomplished as part of the adjacent Keystone development without having to formally vacate the current public right of way. Councilmembers agreed that the item be continued to allow time for the applicant to review the proposal by Keystone. Councilmember Carlson moved, Counci1member Tilley seconded a motion to continue consideration of the right of way vacation request until the August 4,2003 City Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes July 15, 2003 Page 4 RIGHT OF WAY VACATION - YANKEE DRIVE City Administrator Hedges introduced this item regarding the vacation of public right-of-way known as Yankee Drive between Yankee Doodle Road and Trunk Highway 13. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. A representative of Blue Cross Blue Shield discussed the purpose of the vacation request which is to allow the redesign of Yankee Drive as a private street with more parking lot and pedestrian connection between the Blue Cross properties. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Counci1member Tilley seconded a motion to approve the vacation of public right-of way known as Yankee Drive between Yankee Doodle Road and Trunk Highway 13 retaining all existing drainage and utility easement rights and authorize the Mayor and City Clerk to execute all related documents. After discussion, Councilmembers agreed that more information was needed regarding traffic counts in the area. Counci1member Maguire withdrew the motion. Counci1member Carlson moved, Counci1member Tilley seconded a motion to continue to Sept. 2, 2003 consideration of the vacation of public right-of-way known as Yankee Drive between Yankee Doodle Road and Trunk Highway 13 pending a traffic study to be funded by the applicant and the notification of area property owners. Aye: 5 Nay: 0 EASEMENT VACATION - HAWTHORNE WOODS 3RD ADDITION City Administrator Hedges introduced this item regarding a petition to vacate a public easement within Lot 1, Block 1 Hawthorne Woods 3'd Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Counci1member Tilley moved, Counci1member Fields seconded a motion to approve the vacation of public easement within Lot 1, Block 1 Hawthorne Woods 3'd Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 801, SILVER BELL ROAD - FINAL ASSESSMENT City Administrator Hedges stated the necessary renotification for this hearing did not meet the publication requirements for a public hearing and suggested it be rescheduled. Counci1member Maguire moved, Counci1member Tilley seconded a motion to reschedule the Final Assessment Hearing for Project 801, Silver Bell Road for Parcel 10-22450-020-01 to August 4,2003. Aye: 5 Nay: o Eagan City Council Meeting Minutes July 15,2003 Page 5 OLD BUSINESS FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS OF DENIAL CONDITIONAL USE PERMIT - COEN DEVELOPMENT GROUP, LLC. City Administrator Hedges discussed this item regarding Findings of Fact, Conclusions & Resolutions of Denial for a conditional use permit for a pylon sign for Lot 6, Block 1, Diffley Plaza. He stated the applicant has redesigned the signage and would like to resubmit plans. Jim Coen, applicant, reviewed the new design for the proposed pylon sign. Councilmembers were in agreement that the newly designed plyon sign would be acceptable. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for a Pylon Sign (with plans and specifications as presented to Council) for Lot 6, Block 1, Diffley Plaza subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage shall comply with the City Sign Ordinance. STAFFORD PLACE - PARKING PERMIT ORDINANCE City Administrator Hedges discussed this item regarding an amendment to the Eagan City Code Chapter 9 regarding permit parking. Residents of V entnor Avenue discussed their concerns over parking restrictions in front of their homes and requested that the proposed new restrictions be removed on Ventnor from New York Ave. to States Ave.. Counci1members and staff discussed with the residents safety concerns and the parking permit process. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve an amendment to Eagan City Code Chapter Nine by adding Section 9.17, and adopt a resolution defining the Permit Parking Zone related designation of parking restrictions as presented. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - 2:00 A.M. CLOSING FOR ON-SALE LIQUOR ESTABLISHMENTS City Administrator Hedges discussed this item regarding newly enacted legislation which allow intoxicating liquor and 3.2% malt liquor on-sale establishments to stay open until 2:00 a.m. The current City Code states a 1:00 a.m. closing time and would need to be amended in order for local establishments to take advantage of the new legislation. John Merser, representing Old Chicago Restaurant, voiced support for the adoption of the ordinance. Councilmember Tilley moved, Counci1member Fields seconded a motion to approve adoption of an ordinance amending Eagan City Code Chapter 5 to allow on-sale liquor establishments to close at 2:00 a.m. with directive to staff to prepare an amendment to the fee schedule. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE LAND USE AMENDMENT - DUKE CONSTRUCTION LP City Administrator Hedges introduced this item regarding a request for a Comprehensive Guide Plan Amendment to change the land use designation within Special Area 4, from O/S, Office Service to RC, Retail Commercial on 3.5 acres located at 1515 Central Parkway. Senior Planner Ridley gave a staff report. Eagan City Council Meeting Minutes July 15, 2003 Page 6 Bob Smith, Duke Realty, discussed proposed plans for the area. Donna Miller expressed her opposition to the proposed plan due to an interest of Northwest Airlines. Councilmembers agreed the proposed use would not be an appropriate use of the property. Based on this discussion, Mr. Smith withdrew his application for the Comprehensive Land Use Amendment. APPOINTMENT OF CITY CLERK AS HEARING OFFICER Mayor Geagan moved, Councilmember Fields seconded a motion to appoint the City Clerk as a hearing officer with respect to the actions and responsibilities of an appointed commission member. Aye: 5 Nay: 0 COMMUNITY CENTER UPDATE City Administrator Hedges gave a brief update on Community Center activities. ADMINISTRATIVE AGENDA Project 893, Diffley Frontage Road (Street Improvements) Public Works Director Colbert discussed the current poor condition of the frontage roads relative to the remainder of the streets in Cedar Grove No.1 and 2 and recommended that an earlier time frame for improvements be considered. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize the preparation of a feasibility report by the City Engineer for Project 893 (Diffley Frontage Roads - Street Improvements). Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the meeting at 9: 15 p.m. q~ IS; aM} ~~7Ylti~tr 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) 675-5000, (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.