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07/18/2000 - City Council Regular 00209 MINUTES OF A REGULAR MEETING OF THE EAGAN an COUNOL Eagan, Minnesota July 18, 2000 A regular meeting of the Eagan City Council was held on Tuesday, July 18, 2000 at 6:30 p.m. at the Eagan Munidpal Center. Present were Mayor Awada and Counci1members Masin, Blomquist, and Carlson. Counci1member Bakken was absent due to military duty. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. .....,....................................,..................,............................... Jm.l'JJ.~..'smp'R~p-gpA.1F Mayor Awada provided an update on storm related damages and thanked the non-profit and relief agendes, City Administrator Hedges, City staff, federal and state legislative delegation, and residents for their efforts following the flooding. City Administrator Hedges thanked the volunteer organizations, the City Council and staffJor their efforts following the July 8 and 9 storms. Mayor Awada recommended that input from the public be taken regarding New Business, Item A, Ordinance Amendment - Recreational Vehicle Storage Regulations, but action be deferred to provide another opportunity for residents to comment who may have been unable to attend tonight's meeting due to the flood. Counci1member Masin commented on the resilience of the people in the community who had been impacted by the flood and thanked the many volunteers who were involved. She suggested that a community celebration be held following the clean up. Councilmember Blomquist thanked staff and the dtizens for their efforts related to the flood. She expressed concern for the pond levels that have not receded. She further expressed concern for the impact on the Oak Chase neighborhood and Cedar Grove area. AGmPA City Administrator Hedges noted that it would be necessary to schedule a joint meeting of the APC and APrC to discuss the proposed amendments to the Zoning Ordinance. He suggested the meeting be scheduled for August 1 at 5:00 p.m. and added that the Civic Arena budget would also be added to the agenda. Councilmember Blomquist said that she would suggest that the Recreational Vehicle Ordinance be discussed under New Business and, following public input, action be taken on the ordinance, if appropriate. Mayor Awada moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 GQ~OC$l:ly.PttxP.PI4NQtjWPI.j~~pMjNi$itllj~itplt~ip~14~?rMjNW~p$ CENTRAL PARK UPDATE Director of Parks and Recreation Vraa provided an update on the RFP process for the community center. CQN$:~.A\@~A A. Personnel Items Item 1. It was recommended to approve the hiring of Abby Smith as a seasonal skating instructor for the dvic arena. Item 2. It was recommended to approve the hiring of Nicole Kriha as a seasonal utilities worker. 00210 EAGAN CITY COUNCIL MEETING MINUTES; JULY 18,2000 PAGE 2 Item 3. It was recommended to accept the letter of resignation from Carolyn Petruga, part-time receptionist for the Police Department. Item 4. It was recommended to approve the hiring of Jan Scott as a part-time receptionist for the Police Department. Item S. It was recommended to accept the letter of resignation from Krlsti Organ, Manager of the Cascade Bay fadlity. B. Extension to record the final plat of Ballantrae 2nd Addition. It was recommended to approve an extension to October 31, 2000 for recording the final plat for Ballantrae 2nd Addition, consisting of one lot located south of Silver Bell Road in the NW 114 of Section 20. C. Amusement device, massage therapy establishment and service station license rene'wals. It was recommended to approve the license renewals for amusement device, massage therapy establishment and service station. D. Proclamation, National Night Out August 1. It was recommended to approve a proclamation observing.!) 0 _ 4 4 August 1, 2000 as National Night Out and to recognize the neighborhoods and apartment complexes that wi1r be partidpating in this event. E. Accept resignation, APrC. It was recommended to accept the resignation of Kevin Gutknecht from the Advisory Parks Commission. F. Contract 00-01, Cliff Road Water Treatment Plant restoration. It was recommended to receive bids for Contract 00-01 (Cliff Road & Coachman Rd. Water Treatment Facilities - Masonry Restoration), award the contract to Building Restorations Corp. for the total base bid amount of $648,866 and authorize the Mayor and Deputy City Oerk to execute all related documents. G. Project 793, receive feasibility report/ schedule public hearing (MVT A Transit Station - Sanitary Sewer Improvements). It was recommended to receive the feasibility report, approve Project 793 (MVT A, Eagan Transit Station - Sanitary Sewer Improvements), authorize the preparation of final plans and spedfications for Contract 00-12 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 31, 2000. H. Receive petition/ order public hearing - easement vacation (Cinnamon Ridge 2nd Addition). It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on August 15, 2000. I. Project 680, Cliff Rd. upgrade, approve county agreement. It was recommended to amend the Feasibility Report, Preliminary Assessment Roll and approve the Cost Partidpation Agreement with Dakota County for City Project 680 and authorize the Mayor and Deputy Oerk to execute all related agreements. J. Approve purchase agreement to sell Wisp ark City-owned parcels in Kollofski's plat. This item was pulled from the Consent Agenda. K. Approve acquisition agreement with Wispark regarding future development of the Kollofski's plat area. This item was pulled from the Consent Agenda. L. Exemption from lawful gambling license, Gypsy Booster Oub to conduct a raffle at Gleason's Gymnastics School. It was recommended to approve an exemption from the lawful gambling requirement for the Gypsy Booster Oub for a raffle at Gleason's Gymnastics School to be held on August 12,2000 and one other date between September and December 2000. 00-43 Counci1member Masin requested Item K be removed from the Consent Agenda. Councilmember Blomquist requested that Items J and K be removed from the Consent Agenda. 00211 EAGAN CI11' COUNCIL MEETING MINUTES; JULY 18, 2000 PAGE 3 Coundlmember Carlson moved, Mayor Awada seconded a motion to approve the Consent Agenda. Aye: 4 Nay: 0 In regard to Item], Approve purchase agreement to sell Wispark City-owned parcels in Kollofski's plat and Item K, Approve acquisition agreement with Wisp ark regarding future development of the Kollofski's plat area, Coundlmember Blomquist stated that both items pertain to Wisp ark and expressed her disapproval of condemning the lmre property. . She said that the two parties should attempt to reach an agreement and avoid condemnation. In regard to Item K, Approve acquisition agreement with Wispark regarding future development of the Kollofski's plat area, Councilmember Masin said she would vote against this item and asked the City Attorney if it would be appropriate for her to vote no on Item J as well. City Attorney Dougherty explained the difference between the two items and stated that Item J is simply a purchase agreement between the City and Wisp ark for the acquisition of five lots. Coundlmember Masin moved, Coundlmember Carlson seconded a motion to approve the purchase agreement with Wispark Corporation for the sale of five dty-owned Kollofski plat parcels located in north central Eagan. Aye: 4 Nay: 0 City Attorney Dougherty explained that Item K, Approve acquisition agreement with Wisp ark regarding future development of the Kollofski's plat area, is an agreement that would require Wisp ark to reimburse the City for any expenses incurred to acquire the parcels through condemnation. Councilmember Blomquist reiterated her position that Wisp ark and the Imres should resolve this matter and avoid condemnation. Councilmember Masin moved, Coundlmember Blomquist seconded a motion to deny the acquisition agreement with Wispark Corporation in assodation with the sale of five City-owned Kollofski plat parcels located in north central Eagan. Coundlmember Carlson stated that Wisp ark and the Imres had been given one year to resolve this matter and they have not be able to reach an agreement. She added that the Council should act to approve this agreement because the City is in jeopardy of losing TIF funds. She noted that the Imre's access would remain. Councilmember Masin said that the June deadline has already passed and added that it appears as if the Imres have not been given an adequate opportunity to take care of their property. Councilmember Blomquist questioned Wispark's need for a piece of the Imres property by their entrance. She added that Wispark did not act in good faith in negotiating a fair price for the property. A representative of Wisp ark stated that discussions are still occurring with the Imres and added that they are currently working with them to obtain a full survey. He added that the Imres' access would remain. A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Carlson opposed) Mayor Awada stated that the City Council has already made the decision to go ahead with condemnation and no one is at fault. She said she was voting no but would be asking staff to bring this item up at the next City Council meeting. Coundlmember Blomquist said she was concerned that Wispark and the Imres should be working together. Mayor Awada added that this agreement would protect the City. 00212 EAGAN C1Tl' COUNCIL MEETING MINUTES; JULY 18, 2000 PAGE 4 tfooLiCiHEAR.lNGS ................................................... ............ .... .... ........ - ...... ,.. MINOR SUBDIVISION, VERDANT HILLS 2ND ADDmON - KENNETH GREENE 3582 WOODLAND COURT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. 00 - 4 5 Councilmember Carlson moved, Mayor Awada seconded a motion to approve a Minor Subdivision (Verdant Hills 2nd Addition) located south of Woodland Court and east of Wescott Woodlands in the NE V4 of Section 14 subject to the following conditions: 1. The applicant shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, E1 2. Architectural designs and construction methods for new construction shall incorporate sound attenuation standards suffident to achieve an interior sound level of 45 dBA. This will require an inside noise level reduction of at least 20 dBA. 3. Proposed Lot 2 shall be subject to a cash park dedication of $1,272. 4. Proposed Lot 2 shall be subject to a cash trail dedication of $168. 5. Proposed Lot 2 shall be subject to a cash water quality dedication of $2,091. 6. The existing house on Lot 1, Block 1 shall be connected to the City sanitary sewer and water main systems prior to building permit issuance for Lot 2. 7. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards prior to building permit issuance for Lot 2. Mayor Awada opened the public hearing to anyone wishing to speak. Rob Edinger, 3590 Woodland Court, said he was representing the Verdant Hills homeowners. He further said they had purchased property from Ken Greene and were lead to believe that this property was going to be divided into three parcels. He stated that they would like assurances that the remaining lot split will occur. He added that they are landlocked in an area of single-family homes. He also requested that an assurance be made that the covenants for this lot will be the same as the covenants for Verdant Hills 1st Addition. Ken Greene, applicant, stated that he filed the covenants with the deed for Verdant Hills 1st Addition and they would apply to this subdivision as well. City Attorney Dougherty stated that typically the City does not get involved with covenants. He added that when a plat is filed the covenants only apply to the lots contained in that plat. He further added that the covenants may not apply to the subdivided lot. Mr. Greene noted that he installed all the required improvements to the three lots, but was only dividing one lot at this time. He further noted that he would be unable to do a minor subdivision on the remaining two lots and would have to go through the regular subdivision process. He stated that he would be willing to file covenants against this lot. Joe Henry, future owner of Lot 2, stated that even if Mr. Greene did not file any covenants for this lot he had instructed his builder to construct his home according to the covenants for Verdant Hills 1st Addition. 00213 EAGAN CITY COUNCIL MEETING MINUTF5; JULY 18, 2000 PAGES He added that he met with the architectural control committee for the Verdant Hills homeowners group last evening and said he is diligently working with the neighbors. Mr. Edinger reiterated their concern that the remaining two lots be subdivided and that all the lots be subject to the same covenants as Verdant Hills 1st Addition. Councilmember Blomquist stated that the City Council does not make rulings on covenants. Mr. Greene said that it may not be prudent to divide the remaining 2/3's of the lot. He added that the covenants should not be applicable to his existing house and buildings. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Carlson stated that Mr. Greene could subdivide the remaining 2/3's of the lot; however, he would need to go through the regular subdivision process, which is lengthy and costly. She added that the City Council could not require Mr. Greene to further subdivide his property. A vote was taken on the motion. Aye: 4 Nay: 0 MINOR SUBDIVISION, GARDENWOOD PONDS FIFTH ADDITION BRANDT ENGINEERING & SURVEYING, 902 HYLAND COURT City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing to anyone wishing to speak. Saleem Raza, property owner, mentioned that the foundation size of his house would be 1,008 square feet. Councilmember Carlson asked if a driveway could be installed over an easement. Mayor Awada stated that it could be, but added that the property owner would be responsible for its removal if necessary. She asked about the average foundation size of the lots in Stony Point. Councilmember Carlson noted that the size ranged between 2,500 and 3,000 square feet and homes had both two and three car garages. Mr. Raza stated that the proposed two-story house would be 2,016 square feet with additional square footage after his basement is finished. Dean Wernicke, 971 Stony Point Road, said that the property owners were told that this lot was going to remain an outlot. He expressed concern over the lack of privacy and noted that the house would run along the back of his house. He also expressed concern with the potential for water problems due to the fact that the lot will be graded toward his house. Sue Wernicke, 971 Stony Point Road, stated that this was the first time the property owners had seen the proposed house layout. She added that they were surprised that the builder had sold this lot. Kevin Cairns, 964 Stony Point Road, added that this would set a precedent for subdivision of other large lots on Stony Point Road. He further added that the lot is irregularly shaped and much of it is unbuildable. He submitted a petition signed by the property owners in opposition to the minor subdivision. Mr. Raza said he bought the property because it was an oversized lot and he had intended to subdivide it. He further said that his property is about 30 feet from Mr. Wernicke's house. He mentioned that he installed a privacy fence around his property. 00214 EAGAN Cln' COUNCIL MEETING MINUTES; JULY 18, 2000 PAGE 6 Mrs. Wernicke commented on the lack of privacy. She said that the property owner has not maintained his vacant lot appropriately and added that the City received a number of complaints regarding the growth of weeds. Mr. Cairns stated that Mr. Raza had no intention of subdividing the property when he bought it. There being no one else wishing to speak, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Carlson asked if an outlot that had been deemed unbuildable could be resold to another developer, be attached to another lot and then be considered buildable. Mayor Awada questioned why this outlot was not subdivided as a lot. Director of Public Works Colbert provided an explanation. Senior Planner Ridley stated that there was no condition in the development agreement with regard to the future development of Outlot B. Coundlmember Carlson said that the intention from the beginning was not to subdivide the lot. She added that the fence is literally in the adjacent neighbors' front yard. Councilmember Masin said that after the lot is subdivided it will still match the other lot sizes in the Northbridge development, but noted that the house will be smaller than the other houses. Mr. Raza said that he had asked Mr. Wernicke if he would prefer the fence be removed and Mr. Wernicke indicated he did not want it taken down. Mayor Awada stated that if the developer had thought he had a buildable lot he would have subdivided it with the original plat. She added that the intent was for this to be one buildable lot and not two. She further added that if the lot were to be subdivided it would meet the absolute bare minimums. She noted that there are very few homes built with a 1,000 square foot foundation in the area and said that the house, with a 2-car garage and small foundation, would not fit in with the character of the existing neighborhood. Councilmember Carlson reiterated that the original intention was that this would be one large lot. She added that she was concerned that the approval of the Minor Subdivision process would raise such issues. She stated that she would be voting against this item. Mayor Awada concurred and said that if the lot was larger and the building pad was larger it would be acceptable. Coundlroember Blomquist raised concerns about the high wires over the driveway and the electrical field they would emit. Mr. Raza noted that most all the houses on the cul-de-sac are split-levels and the average size is about 2,200 square feet. He further noted that when all three levels of his house are finished there will be 3,024 square feet. Councilmember Carlson said that the City Council could not tell Mr. Raza how big his house needed to be, but added that the intention for this lot was for it to remain as one parcel. She further said that the neighbors bought homes in this area with that expectation. Councilmember Blomquist stated that the Minor Subdivision should be denied because the lot is too small for the proposed house and the driveway is located under NSP high wires, which create an electrical field. Coundlmember Blomquist moved, Coundlmember Carlson seconded a motion to direct the preparation of Findings of Fact, Conclusions and Resolution of Denial for the Minor Subdivision (Gardenwood Ponds 5th Addition) located south of Wescott Road between Stony Point Road and Hyland Court in the NE % of Section 23 for consideration at the August 1, 2000 City Council meeting. Aye: 4 Nay: 0 00215 EAGAN CITY COUNCIL MEETING MINUTES; JULY 18,2000 PAGE 7 VACATION, PUBLIC DRAINAGE AND UTILITY EASEMENTS IN BLACKHAWK GLEN 2ND ADDITION (LOT 30, BLOCK 3) AND MINOR SUBDIVISION, BLACKHAWK GLEN 4TH ADDITION - DOUG HOSKIN - 3640 BIRCHPOND ROAD City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report on the minor subdivision. Director of Public Works Colbert gave a staff report on the vacation. Mayor Awada opened the public hearing to anyone wishing to speak. Lance Elliott, representing Doug Hoskin, stated that they did not have the final grading plan prepared. Director of Public Works Colbert stated that staff would feel more comfortable receiving a copy of the final grading plan. Mr. Elliott requested a two-week continuance to August 1, 2000 of the vacation of public drainage and utility easement in Blackhawk Glen 2nd Addition (Lot 30, Block 3) and minor subdivision, Blackhawk Glen 4th Addition - Doug Hoskin - 3640 Birchpond Road. Counci1member Blomquist expressed concern about the proximity of the house to the pond. Mr. Elliott stated that the proposed house elevation was six to eight feet above the water level following the flooding last week. Dick Reid, 3690 Birchpond Place, expressed concern about the precedent approving this minor subdivision would set. Bart Schmidt, 3625 Birchpond Road, stated that he was not noticed. There being no one else wishing to speak, Mayor Awaqa closed the public hearing and turned the discussion back to the Council. Senior Planner Ridley said that the minor subdivision ordinance states that notification is required for all contiguous property owners. Councilmembers concurred that the ordinance should be amended to expand the notification requirement. Senior Planner Ridley stated that he would verify if a development sign was posted on this property. The meeting was recessed at 8;25 p.m. and reconvened at 8:30 p.m. ............................................ ~):OJ:$~$ ORDINANCE AMENDMENT TO CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" AND CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" OF THE EAGAN CITY CODE ESTABLISHING RECREATIONAL VEIllCLE STORAGE REGULATIONS Mayor Awada said that she thought that residents might have forgotten that this item was scheduled for this evening due to the flood. She suggested that input be taken at tonight's meeting and the item be continued to allow for additional input from the public. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Lon Weidenhaft, 1358 Cosmos Lane, mentioned that over 20 years ago the City had told him that he could install an asphalt pad for his popup camper. He said he would like to be allowed to keep the pad under the new ordinance. He stated that many residents have limited means to provide additional storage for recreational vehicles. He commented on the dangerousness of storing vehicles on a slope. He said that the City has only received a small number of complaints with regard to the storage of recreational vehicles. 00216 EAGAN CITY COUNCIL MEETING MINUTES; JULY 18, 2000 PAGE 8 Wayne Riley, 1387 Cosmos Lane, commented on the ordinance and complimented the APC for the positive changes to it. Royce Tyre, 4265 Nybro Lane, stated that the seven day limitation regarding guest parking is too restrictive. He also suggested that the paving requirement for the side and back yard be removed. He added that recreational vehicles should be allowed to be stored on natural vegetation. He said he is not aware of any complaints about vehicles parked on side and back yards. He further said this might be an overreaction. He suggested keeping track of the complaints for a period of time. He stated that screening should not be required. He said that storage of recreational vehicles near water should also be addres~ed. Brenda Wilde, 3478 Coachman Road, said she wanted to ensure that the Council retained the ability for residents to park recreational vehicles in their driveway because in some instances it is impossible to park in the back yard. She added that the screening requirement could be costly and stated that people may end up parking their vehicles in the driveway in an effort to avoid the screening requirement assooated with side and back yard storage. Councilmember Carlson suggested continuing this item to ensure that everyone who wanted to address this matter had the opportunity. Mayor Awada moved, Councilmember Carlson seconded a motion to continue the ordinance amendment to the August 15,2000 City Council meeting. Aye: 2 Nay: 2 (Councilmembers Blomquist and Masin opposed) The motion failed for lack of a majority. Counci1member Blomquist said she was concerned with the number of non-conforming lots and further said she wanted to ensure that all neighborhoods are treated fairly. Counci1member Carlson asked if the Council could mandate that recreational vehicles be in an operable condition. City Attorney Dougherty stated that the provision is meant to ensure that private property not be turned into junkyards. Counci1member Carlson stated that there are some merits to the ordinance and referenced Subd. 2, General Standards, Item D - No recreational vehicle shall be parked within fifteen (15) feet of a roadway surface. She stated that recreational vehicles could create a safety hazard by interfering with sight lines. With regard to Subd. 3, Single Family Residential Zoning Districts, Item C2 - No recreational vehicle shall be parked or stored within five (5) feet of an interior side lot line or rear lot line, Councilmember Carlson said that if a side yard is large enough to accommodate storage that would be the best place for it. She further said that this requirement should be more reasonable and added that if people can maintain their storage without encroaching on their neighbor's property they should be allowed to utilize the side yard the way they see fit. She also noted a typographical error to Subd. 3, Item 0. She said it should reflect that no more than two (2) class I recreational vehicles or one (1) class II recreational vehicle shall be parked or stored within a front yard or side yard abutting a street. She further said with regard to Subd. 3, Item 4 - the reference to class 5 gravel should be deleted because gravel could be washed onto adjoining properties. She stated that recreational vehicles should be allowed to be stored on hard ground, grass or a prepared hard surface. She referenced Subd. 3, Item E with regard to screening and stated that if a back yard is already wooded why would it be necessary to make the vehicle opaque. She stated that the need for mature planting and fences should be further explored. She also questioned if the City would be superceding a homeowners association with regard to Subd. 4, Item D, requiring at least fifty (50) percent of a recreational vehicle to be screened from view of abutting properties or public streets. She said that there needs to be some parameters for recreational vehicle storage; however, she stated that the ordinance needs more work. She suggested that complaints regarding recreational vehicle storage be logged for a certain amount of time. Councilmember Masin stated that the ordinance does not address restoration of vehicles and whether they would be required to be licensed and operable. Councilmember Carlson stated that most people do not purchase a license for a vehicle they are restoring. Counci1member Masin thanked the APC for their work on the ordinance. She said that the solution appears to be worse than the actual problem and added that she did not see how this ordinance would apply 00217 EAGAN CI1Y COUNCIL MEETING MINUTES; JULY 18,2000 PAGE 9 to people in an equitable manner. Councilmember Blomquist agreed and said that there needs to be further review of non-conforming lots and the equality issue. CONSIDER ACQUISITION OF BERGIN PROPERTY AT 1240 DEERWOOD DRIVE FOR COMPLETION OF TRAIL LOOP, PATRICK EAGAN PARK City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Vraa provided additional information. Mayor Awada moved, Counci1member Masin seconded a motion to approve the acquisition of land currently owned by Tom Bergin property, located at 1240 Deerwood Drive, for trail connection around Patrick Eagan Park and authorize staff to negotiate a land purchase, as directed by the APrC which was to purchase a minimum of one-half acre and a maximum of two acres of the property, not to exceed a cost of $58,500. Aye: 4 Nay: 0 AUMOOstttt&mEhiGENtiI .............................................,...............................................................,.......................................... CONSIDER WAIVER OF BUILDING PERMIT FEES JULY 8-9 STORM Councilmember Masin moved, Councilmember Carlson seconded a motion to waive the building permit fees to improve residential/business properties that were damaged by the July 8-9 storm. Aye: 4 Nay: o SCHEDULE SPECIAL CITY COUNOL MEETING Councilmember Carlson moved, Councilmember Masin seconded a motion to schedule a special City Council meeting for August 1,2000 at 5:00 p.m. Aye: 4 Nay: 0 ............................................ iAt)l'd~ :...............1.=..:............,................................................ The meeting adjourned at 9:20 p.m. MLK ,July 1R, :WOO Date If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TOD 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.