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HomeMy WebLinkAboutCouncil.Minutes.12-21-1992.Regular 4�� Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular $ession December 21 19 92 SI.I,9975 REGULAR SESSION - DECII��IBER 21, 1992 Council convened in regular session on Monday, December 21, 1992, at 7:30 p.m. with Mayor Francis E. Rhodes presiding and Council Members Melvin Gateley, Melvin Kasten, David Limbaugh, Al Spradli.ng III, and Mary Wulfers present. Prior to the regular session, Council convened in executive session for purposes of discussing litigation and acquisition of real estate upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. The Invocation was presented by Dr. Kenneth Johnson, Retired District Superintendent, United Methodist Church, and the Pledge of Allegiance was recited. The minutes from the December 7, 1992, Regular and F�cecutive Sessions were approved upon Mr. Limbaugh's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. Mayor Rhodes presented a plaque to Mr. Cleo Mabrey in appreciation for his eight years of service on the Planning and Zoning Commission. Mr. Craig Felzein appeared before the Council on behalf of Southwestern Bell to explain the phone company's Telefuture II proposal. A copy of the information presented is attached hereto and made a part of these minutes (E�ibit A). He explained that this is a$153.6 million proposal which would provide lifeline service for individuals who meet Federal poverty guidelines and would also reduce long distance calls within the area code by four percent. There would also be a new network modemization program whereby a fiber optic cable would connect all high schools, colleges and hospitals to allow for new, innovative ways to do business in the area and help to promote long distance learning. Mr. Felzein asked the Council to take the time to review the information and consider different levels of support the City could offer to Southwestern Bell either through resolution, verbal agreement, or the legal intervention process. Mayor Rhodes stated that if anyone was present at the meeting to discuss riverboat gambling, it will be on the January 4, 1992, City Council agenda for discussion. Mr. Gateley requested that those present be permitted to make comments. Dr. Kenneth Johnson, Retired District Superintendent of the United Methodist Church, appeared before the Council to express his concern regarding riverboat gambling in Cape Girardeau. He stated that there are many in the community who feel this is a business; however, he feels that gambling takes from the community and that the moral side of the issue needs to be considered as well as the load it would place on the legal force. He 434' Proceedings of the City Council, City of Cape Girardeau, Mo. R�g�1���' S e s s i o n �.cc,crn�'n,-�-" '�� ���� . o urged the Council to consider the issue and to not take steps at the direction of those wanting riverboat gambling in Cape Girardeau. Mr. Harry Rediger, Chairman of the Board of Directors of the Cape Girardeau Chamber of Commerce, appeared before the Council to read a prepared statement of behalf of the Board of Directors of the Chamber of Commerce regarding the charter amendment that was approved at the November election. The Board feels the City should use the experience of the original Charter Commission, using as many of those that are willing and able to serve, as a base for a committee to completely review the e�sting City Charter for necessary revisions and updates. The Board proposed that this original Charter Commission be supplemented with individuals appointed by the Chamber and the I.eague of Women Voters to also serve on the committee. Ms. Wulfers questioned whether the Board was proposing that a charter amendment committee set by the Council should be not formed and to reappoint the original Charter Committee members. The Mayor explained that 14 additional people had submitted applications for the charter amendment committee and the Council agreed in study session to appoint to the committee all those who had applied in addition to those already appointed to the committee. ! Mr. Limbaugh stated he viewed that the initial establishment of the charter amendment committee was limited in scope to only look into solving the technical problems of implementing the zone representation amendment and making it consistent with the current City Charter. He supported the idea to form a separate committee to review the entire City Charter and using the original Charter Commission members to do that. He questioned whether it would be feasible to have two committees working together, but that both would be advisory in nature, and any recommendations would have to go through the Council and be approved by the voters. Discussion followed regarding these charter review committees. Mr. Rediger stated that 9 of the original 13 Charter Committee members are availalbe to serve and so far six had been contacted and are willing to serve on a committee to review the City Charter. He stated the Chamber of Commerce, along with the League of Women Voters, was offering to take the lead in forming a committee with the base of the original Charter Commission members and offering to make appointments to this charter committee. After discussion Mayor Rhodes questioned whether the City Council should make the appointments instead of the Chamber of Commerce. Warren Wells, City Attorney, stated that the Council can delegate that responsibility to the Chamber of Commerce. Mr. David Barklage appeared before the Council and presented a written statement to the Council. A copy of the statement presented is attached hereto and made a part of these minutes (Exhibit B). He questioned whether the Chamber of Commerce would I 435 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular $esslOn December 21 1992 s[,t�ss�5 go ahead and look at the charter and submit their provisions separately if the Council went ahead and appointed their own committee. Ms. Lynette Berry appeared before the Council to clarify issues surrounding the recall petition efforts. She asked the Council to consider the issues she raised at the December 7, 1992, City Council meeting regarding solid waste issues. She stated that according to the City Charter any council member can be recalled for any reason and that she will continue to pursue the efforts of her proposed recall petition. In addition, she stated that the Solid Waste Task Force was given only information the City employees wanted them to have. After discussion Mr. Gateley responded that the Task Force members did have an orientation of the city solid waste service by the City staff; however, the group had a wide range of information and disagreed that they only looked at the information given to them by City staff. Mr. Felix Kinsley appeared before the Council to state that he hoped the City Council passes the Solid Waste Task Force Recommendations. Ms. Kathleen Ruopp, Solid Waste Task Force member, appeared before the Council stating that she resented being accused of"rubber stamping" any recommendations. She stated the task force was comprised of a diverse group of people and were given all the information they requested, both negative and positive. She stated that the City had done a large amount of research before going into recycling, and all that information was given to the task force. Ms. Wulfers apologized to Ms. Ruopp and to the task force for not speaking up at the December 7, 1992, Council meeting on behalf of the committee. Mr. Bob Herbst, Solid Waste Task Force member, appeared before the Council to discuss issues surrounding the task force. He stated that the City is facing uncertainties due to the Federal and State laws on solid waste disposal, and felt the City should continue the same level of solid waste service until these uncertainties are cleared up. The only contact the committee had was with Council liaison Melvin Gateley, and no ideas were presented to the task force ahead of time as to what the City wanted. Ms. Wulfers questioned Mr. Calvin Chapman, Chauman of the Solid Waste Task Force, whether she had contacted the task force during their review process, whether she sent to him items in the mail, and whether he had contact from any other council members. He stated he had not been in contact with her, that he had received an article from her regazding cost containment, and that he had been contacted by Mayor Rhodes and a representative of BFI. BFT wanted to have lunch with him to discuss privatization of the solid waste services; however, he explained the charge of the committee was to discuss volume-based pricing and not privatization of services. Mayor Rhodes had given to Mr. Chapman names of companies that may want to talk to him regarding privatization of solid waste services. Mr. Chapman stated that this contact was prior to the first meeting 436 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Re�i�1 ar Session December 21 �q 92 s[.t:ss�s of the task force and after the charge was given to the committee to review volume-based pricing. A discussion followed between Ms. Wulfers and Mayor Rhodes regarding the contacts with the Solid Waste Task Force. There was also discussion between Mr. Limbaugh and Mayor Rhodes regarding the issues of the proposed recall petition. The following bills were given second and third readings: BII.L NO. 92-270 AN ORDINANCE AMFNDING CHAPTER 30 OF TI� CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY CHANGING TI� ZONING OF A PROPOSED SUBDIVISION LAYOUT FOR KIITH DIIMUND DATED OCTOBER 28, 1992, CITY AND COUNTY OF CAPE GIltARDEAU, MISSOURI, FROM R-2 TO R-4, R-3, AND R-1 BILL NO. 92-255 AN ORDINANCE VACATING TI� CITY'S INTEREST IN A PORTION OF A DETENTION BASIN IN WOODLAND PLACE SUBDIVISION NO. 5 IN Tf� CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 92-254 AN ORDINANCE VACAT'ING TT� CITY'S �T IN A SEWER EASIIvIENT IN GREENWOOD 2ND SUBDIVISION IN THE CITY OF CAPE GIItARDEAU, MISSOURI BILL NO. 92-271 AN ORDINANCE AS�TNEXING LAND TO THE CITY OF�APE GIRARDEAU, MISSOURI, KNOWN AS TWIN LAKES SUBDIVISION AND CERTAIN OTHER LANDS OWNED BY MARK E. AND JOE EI.LFN OLIVER; JAMES W. AND LINDA S. KESTER; Tf� NOLA M. 1VITSCH TRUST; JOHN AND MARY WALTf�R; MICHAEL C. EVANS; MICHAEL P. DRURY, ET AL. AND CAPE SPECIAL ROAD DISTRICT BILL NO. 92-269 AN ORDINANCE ACCEPTING TWO GENERAL WAR:RANTY DEEDS EXECUTED BY MIDAMERICA HOTELS CORPORATION FOR TI� INTERSECTION TO VETERAN'S HOME PROJECT BILL NO. 92-264 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 5-A, CONNECTING TO TRUNK SEWER DISTRICT NO. 5, IN THE CITY OF CAPE GIRARDEAU, MISSOURI � 437 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $eSSion December 21 �9 92 SI.I.5975 BILL NO. 92-265 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT TO BRUCE G. HACKER AND RITHA C. HACKER, FOR RIGHT-OF-WAY IN Tf� CAPE LACROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BII.L NO. 92-273 AN ORDINANCE ACCEPTTNG A SEWER, UTILITY AND STORM DRAINAGE EASEMENT FROM BOBBY G. CLARK AND JANE E. CLARK, FOR CLARKTON PLACE PHASE III SUBDIVISION BII.L NO. 92-274 AN ORDINANCE REAFFIRNIING TI� ACTION OF THE CITY COUNCII.DECLARING IT NECESSARY TO IlVIPROVE, PROVIDING FOR TFIE IMPROVEMENT, DIRECTING TI� CITY MANAGER TO ENTER INTO A CONTRACT TO DO TI� WORK, PROVIDING FOR THE PAYMENT OF THE WORK, AND PROVIDING FOR TI�ISSUANCE OF SPECIAL TAX BILLS IN AN AMOUNT NOT TO EXCEED $0.12 PER SQUARE FOOT IN PAYMENT OF THE COST OF SAME ON SEWERS AT THE MOUNT AUBURN ROAD AND KAGE ROAD INTERSECTION AREA, LATERAL SEWER DISTRICT NO. 14-1-C-1, WITH TI� BALANCE TO BE PAID FROM GRNRRAI. REVENUE FLTNDS, IN THE CITY OF CAPE GIItARDEAU, MISSOURI The second and third readings of BILL NOS. 92-270, 92-255, 92-254, 92-271, 92-269, 92-264, 92-265, 92-273, and 92-274, were approved and the ordinances adopted upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-270 is ORDINANCE NO. 1284, BILL NO. 92-255 is ORDINANCE NO. 1285, BII.L NO. 92- 254 is ORDINANCE NO. 1286, BILL NO. 92-271 is ORDINANCE NO. 1287, BILL NO. 92-269 is ORDINANCE NO. 1288, BILL NO. 92-264 is ORDINANCE NO. 1289, BILL NO. 92-265 is ORDINANCE NO. 1290, BII.L NO. 92-273 is ORDINANCE NO. 1291, AND BII.L NO. 92-274 is ORDINANCE NO. 1292. BII.L NO. 92-275 was given first reading as follows: AN ORDINANCE NAMING VET�RAN'S MEMORIAL DRIVE IN THE CITY OF CAPE GIItARDEAU, MISSOURI The reading of BILL NO. 92-275 amended was approved and the ordinance adopted upon Mr. Spradling's motion, Mr. Gateley's seconded, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. 438 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession December 21 1992 � � BILL NO. 92-279 was given first reading as follows: AN ORDINANCE ENACTING A NEW SECTION 17-194 OF Tf� CITY CODE, RFi"ATING TO UNLAWFUL USE OF DRIVER'S LICENSE The reading of BILL NO. 92-279 was approved and the ordinance adopted upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, ILimbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-276 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING YIELD SIGNS ON VETERAN'S 1VIIIVIORIAL DRIVE AT ITS INTERSECTION WITH I�NNGSHIGHWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 92-276 was approved and the ordinance adopted upon Mr. Spradling's motion,Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-277 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF Tf� CITY CODE, BY PLACING STOP SIGNS ON VETERAN'S r�IIIVIORIAL DRIVE AT KINGSHIGHWAY IN THE CITY OF CAPE GIRARI)EAU, MISSOURI The reading of BILL NO. 92-277 was approved and the ordinance adopted upon Dr. Kasten's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BII.L NO. 92-278 was given first reading as follows: AN ORDINANCE ACCEPTING P EASIIVIENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM THOMAS E. HAMII.TON AND CECILIA A. LAMP-HAMII.TON; KARL W. BUSCHE, TRUSTEE, AND GERMAINE L. DAVIS, TRUSTEE; AND HANOVER LUTHERAN CHURCH FOR THE UPPER CAPE LA CROIX TRUNK SEWER PROJECT, PHASE 4, SECTION II The reading of BILL NO. 92-278 was approved and the ordinance adopted upon Mr. , Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten I j Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. ij �" � i � � �� T J l Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession December 21 19 92 si.[,ss�� ( BILL NO. 92-283 was given first reading as follows: AN ORDINANCE AUTHORIZING Ti� MAYOR TO EXECUTE A QUIT CLAIM DEED TO LEONARD W. LOWFS AND HELEN J. LOWES, FOR A WASTEWATER TREATMENT PLANT FACII.ITY SITE The reading of BILL NO. 92-283 was approved and the ordinance adopted upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-282 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN OFF- SYSTEM BRIDGE REPLACIIVIENT AND REHABILITATION PROGRAM AG�tRFMRNT WITH Tf� MISSOURI HIGHWAY AND TR.ANSPORTATION CONIlVIISSION AND Tf� CAPE GIRARDEAU COUNTY COMIVIISSION FOR IMPROVIIVIENTS AT THE INTERSECTION OF MOUNT AUBURN ROAD AND HOPPER ROAD The reading of BII.L NO. 92-282 was approved and the ordinance adopted upon Dr. Kasten's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-280 was presented as follows: A RESOLUTION APPROVING TI� CITY OF CAPE GIRARDEAU SOLID WASTE SERVICES REPORT AND RECOMMENDATIONS, DATED DECEMBER 3, 1992, I PREPARED BY THE SOLID WASTE TASK FORCE The reading of BILL NO. 92-280 was approved and the resolution adopted upon Mr. Gateley's motion, Ms. Wulfers' second, and the following roll call vote: Gateley, aye; Kasten, aye; Rhodes, aye; Spradling, aye; Wulfers, aye. Nays, none. BII,L NO. 92- I 280 is RFSOLU'I'ION NO. 777. BILL NO. 92-281 was presented as follows: A RESOLUTION AUTHORIZING TI� CITY MANAGER TO EXECUTE A SUBORDINATION AGREEMENT FOR A SECOND DEED OF TRUST FOR PROPERTY OWNED BY CLARA M. SITZE IThe reading of BII,L NO. 92-281 was approved and the resolution adopted upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, 44U Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $e55iOn December 21 1992 SI.L,997:i Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-281 is RESOLUTION NO. 778. BILL NO. 92-284 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT LAND LEASE WITH Tf� CAPE GIRARDEAU AIRCRAFT OWNERS AND PII.OTS CLUB AT TI� CAPE GIRARDEAU MI7IVICIPAL AII2PORT Mr. Spradling made a motion, seconded by Ms. Wulfers, that the liability insurance limits be amended to $100,000.00 for injury or property damage for one person and $1,000,000.00 for any one occurrence. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, 5pradling, Wulfers. Nays, none. The reading of BII.L NO. 92-284 was approved, as amended, and the resolution adopted upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-284 is RFSOLUTION NO. 779. BILL NO. 92-285 was presented as follows: A RESOLUTION AUTHORIZING TI� CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMLTNITY BLOCK GRANT PROGRAM � i The reading of BILL NO. 92-285 was approved and the resolution adopted upon Mr. �� Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Kasten, Rhodes, Spradling, Wulfers. Nays, none. BII.L NO. 92-285 IS RESOLUTION NO. 780. Mr. Limbaugh asked for discussion regarding the Charter Amendment Committee and stated that he preferred to discuss at the 7anuary 4 Council meeting whether to appoint one or two committees. Mr. Limbaugh made a motion, seconded by Mr. Gateley, to I rename the "Charter Amendment Committee" the "Zone Committee"; to define the scope of the committee to be limited to the functions of making recommendations as to drawing � the zone boundaries and to make sure that it is otherwise consistent with the e�sting City ' ' Charter; and to appoint to the committee all those who had applied in addition to those I already appointed. Those who applied are Dr. Peter Bergurson, Ms. Mary Ann "Miki" Gudermuth, Dr. David Kaelin, Mr. 7ames P. Limbaugh, Mr. Cleo Mabrey, Mr. 7ohn Mehner, Mr. John Oliver Jr., Ms. Loretta Schneider, Mr. 7oseph Mirgeaux, Mr. I � Kenneth Richardson, Mr. Howard Tooke, Mr. Iarry Trickey, Mr. Jess David Hopple, � � and Mr. Michael D. Edwards. In addition, Mr. Limbaugh stated the Council should � consider reappointing the original Charter Commission as pmposed by Mr. Rediger and stated he would be willing to make a motion to do that at the next Council meeting. �i � I I i 441 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $eSSion December 21 1992 sr.i,ss�5 Mr. Spradling made an amending motion, seconded by Ms. Wulfers, that in addition to those being appointed that Dr. Melvin Kasten be appointed the temporary chaitman of the committee for the purpose of organizing the committee and beginning its functions. The motion was approved upon the following vote. Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. After discussion, the original motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. Mr. Spradling made a motion, seconded by Ms. Wulfers, to approve all applicants for the Colonial Cape Girardeau Foundation Project Task Force, which included Mrs. Gaye Blank, Mr. Charles Daniel, Mr. Steven Green, Mr. Kenneth Payton, Ms. Barbara Rust, Mr. Mike Kohlfeld, Mr. Dan Drury, Mr. Robert Paul Hoppman, Mr. Han Mu Kang, Mr. Scott Shivelbine, Mr. Kevin Spaeth, Mr. Stan Thompson, Mr. Dennis Vollink, Mr. John E. Schneider, Mr. Jim Grebing, Ms. Cyndy Hall, Ms. Rebecca Richey, Mr. Milton George, and Mr. Jay Knudtson. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. Mr. Gateley made a motion, seconded by Mr. Spradling, that Mr. Bill Yuede, Mr. Curt Smith, Mr. David Kaempfer, Ms. Mary Spell and Mr. Bobby Robins be appointed to the Vision 2000 Community Relations Council. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, 5pradling, Wulfers. Nays, none. Dr. Kasten made a motion, seconded by Mr. Gateley, that Mr. A1 Spradling III, be appointed to the Park Development Foundation Board for 1993. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. Mr. Gateley made a motion, seconded by Ms. Wulfers, that Dennis "Doc" Cain, be appointed to the Convention and Visitors Advisory Board. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. Mayor Rhodes made a motion, seconded by Ms. Wulfers, that Mr. William Schafer be appointed to the Board of Fxaminers. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. Mr. Spradling made a motion, seconded by Dr. Kasten, that all bids on the South Walker Branch Sewer Relocation Project be rejected, and that the pmject be rebid. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. 442 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $eSSiOn December 21 �q 92 S LI.9975 Mr. Gateley made a motion, seconded by Dr. Kasten, that the Council meeting scheduled for January 18 be changed to January 20 due to the Martin Luther King Jr., holiday; and that the Council meeting scheduled for February 15 be changed to February 17 due to the President's Day holiday. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. Mr. Spradling made a motion, seconded by Mr. Gateley, that the special permits for IPinewood Mobile Home Park and Pioneer Mobile Home Park be extended for six , months. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. Mr. Spradling made a motion, seconded by Dr. Kasten, that the annual city audit be accepted for fiscal year ending June 30, 1992. The motion was approved upon the Ifollowing vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. II There being no further business, the Council adjourned upon Mr. Gateley's motion, Ms. �� Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. �� � � Francis E. odes, May � � Gayl L. Conrad, Deputy City Clerk � 1 � � i I Exhibit A 443 7�ie facts on 7'eleFuture lI •TeleFliture Q is a logical conanuadon of the improvements and benefits created by TeleF�ture 2000. 'It is a ihree-year,$153 million program of new fiber optics,reduchon of some rates (including long distance), ` dramatic expansion of the Lifeline program and lowered access charges for long distance calls. •Basic local rates would be&ozen for three more years,meaning Missouri will have gone 12 years without an incxease in basic local rates. `'Ihe heart of the package is an $82 million fiber network linking virtually every Missouri community. 'The focus of the fiber program is on schools and hospitals,bringing new educational and health care services and opportunities to;�fissouri. •Public middle and high schools,and universities across the state will be linked to the network. 'Ihis will provide for distance learning opportvnities,enhancing the programs already o$'ered by the schools and putting them in touch with courses that were previously out of reach. •Hospitals also vvill be linked,providing access to advanced medical services. 'Though the focus is on schools and hospitals,the fiber optic network will be a superhighway that will open the state to new and ezpanded use of telecommunicaaons. •As for the rate redudions,long distance will be reduced by 56.5 million annually,access c�arges by 57.3 million. It's possible the benefits of these lowered access charges paid by long distance companies might be �-_�~- passed on to customers,further lowering long disrance bills. ~~ 'Another key point is the continuation of a profit sharing glan begun under TeleFhh�.re 2000. Under a formula established by the public service commission and the company,SWBT would share a portion of its profits. In the last two years,the company has shared more than�44 million with Missou�i customers. 'TeleFliture II is made possible by an incentive regulation plan that accompanies the improvements and reduc- tions. Basically,the plan gives the company earnings fle�bility so that it has the opportunity to earn well if the business is iwn right And,again,if we earn well,a portion of o�profits will be shared with customers. 'Tliere are some people in the state who undervalue the improvements we've made and will make--or maybe the�re not aware of them. Look at the options the same way you might approach your savings strategy. You weigh short-tenn investments agamst long-term. Short-term options might look good,but it takes courage to save for the future. In this case the long-term investment has a higher payoff with multiple short-term divi- dends. We can make some rate reductions while keeping local rates steady and providing technology that will have a lasang benefi� Those who prefer this short-teim soludon only are in effect saying W eustomers that their service dcesn't need to be improved and they don't need access co new technology. � •Why is a plan like TeleFl�tur�e II necessary? For several reasons,all of which are oH'shoots of the faci that the telecommunications industry is changing rapidly as are the demands customers make of their phone service. T�u�ee years ago,the company,with PSC approva,l,began a regulatory ezperimenL In retinn for the benefits the company gained in this ezperiment,it increased its investment in Missouri—by about a180 million. That investrnent broug.ht new benefits,technology and services to outstate�customers,and gave the state new eco- nomic development advantages as it competed for new jobs. Just as the state faced gz owing compeation for those jobs,SWBTs competition grew—more than 1200 percent in the last siz years—making its investrnents -: far more risky without increasing earnings potentiaL In order to make investments in the technology necessary . to keep Mlssouri competitive and answer customer demands of the network,SWBT needs some assurance that its earnings will be equal to its risk. That's the value of a pla.n like TeleFl.iture II. Exhibit A 444 � Southwestem Bell Telephone News Release For more ir�fom�ation cor�tact 1 � t �_ :�.;;t: :.�i_�=�.`: :1rea :�.:in•:i�er-���^:rr.t_ini ��;.- I�ei:�tio;is ��j � �11\-E?:' JpL'Lf1�S :jCl . 3rd ElOOi 1 ; 1 �-3.3�-9d8�- i_L'.i1 _.ii . . 1tiL' _.'Jl ,liti. ��:) !(t,_y1�t_t[C . iIDpol'tar:t. ptioiic pO1 �Cti- S:iil be de•� ided on b� tile '�tisso�iri Pub� ic Sert ice �:ommis5ion in t:�e ne�t ie�. months . :�a�-e �-ou heard a�out it'' �t ' s noL comm�n i;now-ied�z ��et , but ��cu ' ii hear m:;re as t�e nearin,s oe�in . khat �ou ' ��e prooa���� neard so iax is a 1ot of b�� numbers bein� ootinced aro�_ina -- niim�ers Lhat are up in the mi=iions . Tna� ' s ti:e �ind of numbers tnat �ec people ' s attention . t,�nfortunatel�- , in tnis case , %:nowied�e of the nu:nbers is not -.ne c:r,o�� s�or�' . +}ie �noie stor�-, in fact , isn ' t as sexv as ai� tn�se miilions , but it is tar more beneiiciai . �:1 �PE' I'.2.`;t [ el� P,1:JP.:.r,s impor�ant Fili�11C �Oi1C} �vlli �i7e i0:'iIS?C� tf13� LOili�1 ���L'O�• lt�t� a 4:c1�' iOL' 11iSSOlii'1 i.0 �a'_Il P.��: eQLiCat.lOil L3!?t1 .7E'dl `..:1 c1C .'�111:.c1�c_,S � c:S �•2_1 'dS 2CCfi0ITi'_C dCli: S�:�C l al de��eiopment Gj�j�JT'4�11I11T..leS . Tne �lissouri r�_i�ii� 5e*•Lice i�ommissiorl uill near testimon�� re�'ar�'.i:�� a �`Z'O�OS�1 b�- JQUtY1�:PS�FZ'R Liail iE'i2r�i Oi12 . The proposai �:ould �ont :nue the fle>:ibie ;uideiines tnat na�-e �o-�err.ed �rie teiecommunicatior.s industr� for tne last three ( ;.-ears . � ihis earr.in�s fie�=o:_li;�� pro�-ided new opportunities tor S�BT io i;;�-est ir: �:issoiiri , and provided for snarin; of profits c:�tn customers . In ai1 , �:e invested aoout Si80 million ir. nek� tecnnolo��- and snar•ed e:itn cus�omers about S�� miliion o�-er the last two �-ears . Exhibit A 445 . :3; _ _ ! t �i703? `.�i.liC:E311!le5 dI'e COCltl['.UE<1 , J���T wCU�Q �')E�1R ��OT'ri O;1 3 pc7�};r7;e 02 r<ite reductions 3C1� C1E': �:JL't� GtG��zl'Ci1ZdL10ri caiied Teier�_:tttre 2 . Teieruture `_' is a vision oi �:nat te '�ecommun�cations can be . It represer.ts a practical applica;. icn of hi�h-technoio��� in comoination �+ith some rate reduct ��.�ns . Here are tiie specifics : -- S�'3T wi�i lo�.er rates :or se�-e:ai ser��ices , inciudin� lond ciis�ance . Tne total rate reutiction is S2= r;�illiori . -- Rates for basic iccal ser�-��e �.: ili be irozen for three more ��ears , brin�in� the total to �2 �-ears since a basic iocal rate inc:ease . -- The LifeLine pro�ram tnat pro�-ides reduced rates for the poor and elderl� will be e:�panded . -- S�rBT aiso wouid be�in a ne�: ro�ind o� nets�•orn modernization . ;he modernization p�an is the near� of Teieiuture 2 . Southwestern Bel� plans a fiber o��ic superhi�hwa�� �nat +;iil wea��e a ti;reaa of ne�. :�i;:� te�nno����- tnrou�houl :ne r�_ira� �lissouri iandscape . This thread �•cuid tie to�ether Llisso�iri ' s communit�es b�- .joir.in� scnoo_s and hospitals to a fiber optic net�:or�:. aimost e� er�- middle schoel , .junior hi�h, hi�h school , communit�- colie�e and uni��ersit�- in SkBT territory could be connec+ed to :.nis net�:ork. Once ..�nnec�ed, _hes� s�i::3c�:� ar.d � commur.ities could enjo,y new edtica�ionai o_�pc��u-:ities threu�h c,hat is commonl�- called dista:;c•�� -a_�nin� . The �•alue of distance i �ar-:i -;= is `hat throu;h a t ideo network, teachers can e•: tend thei � reach as far as the fiber l ��n:: ar.�: ` ne demand :or their ser�. ices ailow . For e�ample , _ if a Germari lan�ua�e teacher �.�ere not a��ailable at Central Hi;n School , but se.-eral students wanted to take German, they might "distance learn" from a teacher at Southeast Missouri S'..atP , cr e�-en from, say- , kebst.er Lniversity in St . Louis . Exhibit A 446 � ,_ , , . �.., � :S :i:?S�? 1 ; :iiti jG1r1 ille Tl?i4;:i:'ti . tllE'�' k'1 'L1 DL'iC:� RE'ti ii.-�ais�;: c:�rF° szr�. ice� %�:ici efiiciercies to outsLaLe Lfi:�seuri . � �.�r instanre. , �_io�tors car cio man�- tiiin�s o� er the ne�work �, - i:at normali�- �otild be clone in per-o�i . Tnis ad� anta�e cculd sa��e �:cu the : ime 3:id espense of tra��elin� ior a second epinion . It also could ;i��e more people access to speciai :sts t�tio tend to mi;rate to urban centers . :�'ie p�arl benefits 't«B '� , too . The continued fietibilit� soi.i�ht by� ttie compar.�� pro�-ides earn_n�s potential . It is tnis pctential that pro�.-ides tze incenti��e for new in��estments in �?issouri ' s telecommunications , includin� the ?iber• net�:ork . it is no eta»eraiior. to sa�� tnis fiber optic netS:ork t:o,_��c � be like a new I-�� t;itn hundrecs of traffic lanes riinr:in� in both directions . In fact , ��ou mi�ht compare thi� i��no� ati��e step iri telecommunications to the evolutio^. of t:ansportat:en i:� the countrG. '�oda;.- � S !�3L'�PSt C :�:25 �'_'C�F; l'ap ��cr,�s ice ` r.?�S'�G.'�F;tiCt"i t1�::�5 . _y I'3 � �I'�..._ <:?:O� OT' S�: !��_)1.^.`� c'�;1": _il %i _Ot�'". ti�'� 3 . . T'.. ii:=1_ � .�i: :1;t:c-. � _ .- ...^..^„�.. �I'OLdi:] . •P.`: � R13.)�Z i. _ :l��� � L' ... . � .. �;I: -_ ._ .::,.���� ,.0 .:r '. . _ r .. � �.12:_ B. I��'i:. �S . ��r�. _ :_' _ _ '-i�. ,.... `::;� , . _ . . R_ I':3�i:'. -, .:�'T't� �i�'311aD1E' 1:7 man�- ..:,= . . .- .. - - � ,- . .:�; : . . , , ;�. �_ , c ��ies t}�a: t.ere rict _.._�,.���c :. . ;�; a ;�z_._::;r , : �;,;.3� or se r�-ed ��- a lar�e 31 L'FOi t t, �:.=' ••r':.E��.i` c'�1 ,`.O lri:3t. illr:??S Dr'��:_e> I.Jh \'1PH" 8.S 3Z�E'd5 i_00 i'r�'�;�.�.:' :.i: :Je .:::JRS'c�1�L'ei7 f:�L' A i::'i: . . reloca�i.lCl� �LiS�RcSS . TqCl��" � lt. 1S De� OT3lifl� f71c)L'E' 'clraCl TiGI'� O�i�'101iS `.�icl� 'P;P.CJ!iliilL::11C'c1� 10!'LS �":'3f'. O� ?I'COi?IP '!:= i��ilci�Lies of U1St.at1C2 . � _.,.�-_ _ � �:i << :,a::e ��:.�:�r:,i�a _ :.,.. _ _ . _ �a.:,s sacn as 5ou�h�estern 4 ' 1� JF'-� s Teiefutu�e `�� �.: e:-�s�.i�e t_zat I'liT'c11 �Sissouri is not :,���a,sed a�a�.r. . �,,,,� "r�ere are :i�cse �::•�o ��n�iert:�aiiae �:ha: can be done with �•our tAie�ommt.ir�ications ser�-ices . The�� Gelieve the �oals of re;ulat- ion is to make iocal rates cheap and provide ser�•ice - that is "adequate . " The messa�e this sends is that the value of ser��ice is based solely on price and that you don' t need access to new technolo�y. Exhibit A 447 : ;�e mess<3,e oi Tt� i�future '= is more t-han t'tlat . i� pro�-ides a :,<: '_;.�;,c�u approaci� . The p1�n is uesi�ned to cieii�'er se�vices t :� •�ustomers at a reasonable rate , brin�iii� neH� social anci economic de��elopmerit t.o the state . It ' s tne kind of approacil t:�at pro�-ides lon;-term benefits for `iissouri . ( Zehe Robertson , :�sst .�'ice President-E�ternal :�ffairs , k�ith �o,.itns�estern Bell Teie��,one Co . , kill presen� a program on TelFf,.iture 2 at the Cape Girardeau Chamber of Commerce �Tanuar��- i3th Firsc Fr•idav Coffee . Tnis meetin� starts at i : 30 a . m. anci is he�d ar, the Drur�� Lod�e . Interested members of �_rie communit�- a�e encoura�ed to a�tend . 1 � � Exhibit A 448 TeleFuture II �ey Points TeleFuture II holds numerous opportunities for Missouri , � includinq: � � 1 . Business Development and job qrowth--TeleFuture II will link virtually every Missouri community wfth a fiber highway of the future that offers new opportunities for economic development. Special connections will be made to schools and hospitals within these communities so advanced distance learning and medical services can be offered. 2 . Expanded eligibility for discounted telephone service--with TeleFuture II , more than 10$ or about 200,000 residence customers will be eligible for Lifeline service . 3 . Frozen lacal rates with Qrice reductiona on key services-- Local rates for all residence nnd business customers would be frozen under the plan while rates for services of concern to customers, includinq lonq distance, would be reduced. 4 . Profit sharinq Mith customers--TeleFuture II continues the profit sharing program which has returned $44 million to � customers in the last two years and provides SWBT with qreater incentives to invest in the Missouri network . 5. Investment in Missouri�s future social and economic health-- The TeleFuture II packaqe represents a lonq-term commitment to usinq telecommunications to improvinq Missouri 's economic _ opportunities and quality of life . t � � � � Exhibit A 449 ' Southwest�rn 8e11 Telephon• Ttlefuture II Pcoposal Rate Reductions and Expanded Prograss ( 3-years ) $66 �illion --No c ange n cur�ent oca aervice rates which have been frozen for nearly nine years . --Expand the current eligibility for the company' s Gifeline proqram to meet Medicaid and federal poverty quidelines . It' s anticipated as many 200 , 000 or more than 10 percent of Miaaouri ' s residential customecs would be eligible . --Reduce the company� s lonq distance �ates by 56 . 5 million per year or about tour percent. --Reduce the dccess fees Southwestern Hell charq�s lonq distance companies to ust its netwock to compl�tt in-state calls by 57 . 3 million p�c year or 12 perctnt. Thia would equalize the interatate and intrastat• rat• atructure. It' a poaaibl� those ceduced rates could_ b• pasaed on to cuatomers in the form ot lowec lonq `� distance rates. --Eliminate Touch-tone as saparate s�rvic� by � consolidatinq it with local servic�. To obtain to the new co�binad rate, the price of Touch-tont ssrvice would be reduced by n�arly 5 p�rcent and then added to local servica. Customers who curr�ntly do not hav� Touch-tons s�rvic• would not b� :ubj�ct to th� n�v combined servic� as long as they r��ain at th�ir current address. --Eli�inat• long distanc� charqss on pay phon• calls that oriqinate in th: out�r ar�as o� St. Louis and Rsns:s City and t�r�inat� in th� aetropolitan ar�as. N�twork Inv�sta�nt Sa7.6 •illion --U:� er cabls to link virtually ev�ry rucal com�aunity to �nhanc� busin�ss dev�lops�nt and job growth. �11 public •iddl� schools, high schools, univ�rsiti�s snd hospitsls in outstat• Missouri to otl�r distsnc• l�arninq and advanc�d sedical s�rvices. Soe! additional tibtr will b� plac�d in St. Gouis and Ransas City suburbs to acco�uodate the ne�d� oi �ducstion and h�alth car� institutions. Th• proj�ct Mould b� comPlet�d vithin thr�• years. � --Accelfrat� n�tMork ■od�rnization proj�cts to ispl�ment th� PSC' s conteaporary basic s�rvice �ule within the next 18 mcnths . � Exhibit A -2- 450 Protit Sharinq -- ont nu• profit-sharinq proqram at current l�v�ls . Cr�dits to custom�rs to b� bas�d upon th• company' s linancinl Qec�ormanc• . Length of Plan --No pre3etermined end to the plan. Company and commission could seek ch�nqes after two years, but amendments can' t be mad• to the plan until after thcee ye�rs . b � i � � � � � � Exhibit A 451 TeleFuture II Summary Network Modernization $ gZ million F er Program Contemporary Service S 5 . 6 million Total • � °n Rate Reductions** S 1g ,5 �illion Long istance Selected pay phone calls $ 1 .8 million Lonq distance access rates S 21 .9 million Combined T-Tone/Local Service $ 6 .0 million Total . ■ on Discount telephone service S 16.8 aillion �� Total Value TeleFuture II $ 153.6 �illion �� �* of the rate reductions and expanded dfacount � valuea teiephone service Qlan are based oa a three-year v ew of TeleTuture II . � � , � Exhibit A � � 452 who can be an intervenor? R 1 , Who can be an intervenor? � ' Any person or group that wants to participate in a t Public Service Commission hearinq to present their views in supQoct or opposition of an issue in order to qet that issus accepted/rejected by the Commission. 2, Da i need any special qualifications to be an intervenor7 No. You just need to demonstrate an interest in the proceedinqs that goes beyond the qeneral public interest . gor TeleFuture 2 , special interests might be a school district, a university system, a hospital � asso�iste�ificninterestcinesomepaspect�ofcthe proposalat has p th�t' a before the Commisaion. � 3. How does one become an intervenor7 An aQplication to intervene must be filed with the Public Service Commiseion. Thereafter, the Coiamisaion will either qrant or deny intervention; 4 . if intervention is granted, what does an intervenor ao� - File testimony by witnesses (optional , and may occur on more than one date ) ; Answer other gtoups' questions about your position, or about your qroup or individual interests in the case . (This is called discovery) . You can also ask questions of other groups and their positions; � �- Attend pre-hearing conferences; � - Attend hearinqs . ( if testimony is filed, witness will �, � be presented to give pre-filed written testimony and be � cross-examined about 6uch testimony) ; Submit briefs ( summaries of evidence supporting your position) after hearinq to explain and reinforce youc �. _ position. Exhibit A 453 5. Can I be cross-examined as a witness? Yes . If you file testimony you would need to be available durinq heacings for cross-examination under oath by the other parties to the case . 6. What are the advantaqes of being an intervenor? An intervenor gets to be an actual participant in the case and qets to make his/her qroup' s views known on the cecord. The Commission takes these views into account w-Fien deciding which way to rule in the case . 7 . Do the PSC staff and the Office of the Public Council represent my groups' interests? The Office of the Public Council represents the public in qeneral . The PSC staff works for the Commission and generally attempts to balance the needs and wants of the telephone customers and regulated utilities, includinq Southwestern Bell Telephone Company. { 8. Do I need an attorney to be an intecvenor? Yes. 9. Sow much will it cost to be an intervenor7 � It depends on your level of involvement. There is no fee to file an application with the Commission to be an intervenor. Expenses are based on your employees' time, expenses to and from Jefferson City, and attorney fees . 14. How such tiae will it take ta be an intervenor? That depends on how much you want to get involved. It doesn' t t�ke much time to fill out an application and attend pre-hearings . It takes more time to provide a witness, to file testimony, conduct or respond to � discovery, attend all or part of the hearings, and � pcepare a brief. 11 . �ould I need to spend the night in Jefferson City? l Probably. Everyone is assigned a specific time on the - witness achedule . These times vary and are subject to Exhibit A 454 � chanqe . You may need to be present at the Commission early in the day. 12 , Will Southwestern Bell Telephone help me prepare to be an intervenoc? � � Southwestern Bell Telephone can answer questions , l provide examples of applications to intervene, samples of testimony, copies of Commission rules and other information if requested. 13. If i have questions, who can I or sy attorney call at Southwestern Bell Telephone7 You may call your local Southwestern Bell Telephone Community Relations Manager . i � � �..! � Exhibit A 455 TelePuture 2 Staff Com laint Pro�ecte Time ine Pleese Note : The dates listed below are estimates of when these events will occur . A formal , final timetable will be compiled assuming an overearnings complaint is filed. At that time, the commission will establish a for�al schedule for hearing the TeleFuture Z/complaint proceedinq. Jan. 6 Staff files formal complaint alleginq SWB overearnings of more than 5100 million ( and maybe as high as 5150 million) Jan. 13 Office of the Public Counsel files similar complaint alleqing overearnings of more than $100 million Feb. 1 SwB files testimony with the PSC supportinq TeleFuture 2 . Staff, OPC and other parties file testimony supporting overearninqs alleqatiions May 3 SwB files testimony rebuttinq staff and OPC alleqations of overearninqs . Staff and OPC file testimony concerning their views of TeleFuture 2 July 15 Three weeks of hearings before the PSC begin Oct. 10 Estimated date for PSC decision on case � � Exhibit A 456 The Need foc TeleFuture 2 At the request of SwBT, the PSC staff and the Office of the Public Counsel , the PSC has extended the curcent profit-sharing plan through 1493 . The additional year will qive the PSC the opportunity to consider two dramatically different plans that will shape the future of Missouri . � Southwestern Bell ' s TeleFuture 2 proposal is dn � integrated package that includes a fceeze on local rates , expanded LifeLine service and price reductions for key services . At the hedrt of the proqr�m is a proposed, ambitious fiber optic hiqhway to link Missouri communities togethec to create economic qrowth and social opportunities into the next century. The proposal would continue the current profit-sharing arrangement that' s brought $45 million in credits to customers over the last two years . On the other hand, the staff and OPC' s likely will seek significant revenue reductions . The qoal of this "numbers-based" regulation is to simply reduce rates for local telephone service and maintain service quality at adequate levels . That kind of backward-lookinq regulation offers no vision for the future; it assumes the needs of all customers can be met by simply lowerinq rates . It offers no recognition of the benefits of a � modern telecommunications network and the continued need to invest in Missouri ' s future . The bottom line is it' s not possible to implement both proposals . Forward-looking regulation should encouraqe investment by telephone companies to build a network that will bring jobs and social growth to the state . If a siqnificant rate reduction is ordered, the dollars to invest in Missouri ' s future will not be available . From ouc persQective , the decision to invest millions of additional doll�rs in Missouri is based in part on our ability to benefit from added efficiencies and sales efforts . If the profit-sharinq formula does not provide incentives for investment, the risk is too great to p�t millions of additional dollars into a Missouri network to build for the future of the state . � �l �� � Exhibit A 457 PSC Staff Office of the Public Counsel Anticipate Recosamen ations Based upon their reports to the PSC , Southwestern Beli expects the PSC staff and the Office of the Public Counsel (OPC) to file complaints in early January alleginq overearnings of more than $100 million ( and possibly as high as $150 million ) . � While we obviously don' t have specific information about the alleqed overearnings , here are some areas we believe will be targeted. 1 . Reduce Southwestern Bell ' s authorized profit levels . Even though as part of the curcent incentive plan, the company has shared S45 million in profits with customers over the last two years . (The staff 's accounting puts the company' s pre-sharing return at around 18$ return on equity. Of course, that fiqure is misleading because the staff generally inflates revenues ( i . e . Yellow Pages earnings ) and minimizes expenses . The company' s return on the books for its Missouri operations aftec sharing is about 11 . 5$ . 2 . Not recoqnize expenses that were incurred as part of manaqement and non-management early retirement programs. The company spent several million dollars in offerinq early retirement programs to employees to reduce expenses over the long-term. Ovec the last three years, the company has reduced its workforce in Missouri fcoaa about 8,000 to t+bout 6,500. 3 . Recommend disallowance of 20 or more expense items, includinq depreciation, salaries, advertisinq, pensions, corporate expenditures and research and development costs . t Exhibit A 458 Q' s i A' 3 ' Q, what' s your response to the PSC staff ' s and OPC ' s allegations of overearnings7 A. It' s a drdmatic illustration of what happens when regulation becomes overly focused on numbers and accounting . And it incorrectly assumes that the needs of all 1 . 8 million Missouri customers are identical when in � � truth, the needs of customers are as varied and complex � a6 the qeoqraphy of the stnte . We don' t agree with the staff' s findings, but the larger issue is whether Missouri and its communities ace going to invest in the future . A fiber optic superhighway means jobs and and other economic and social opportunities for the state . The staff and OPC alternative is to look backward and focus on regulation that seeks only to make local rates cheapet and maintain telephone service quality that is merely adequate . And that' s not what customers are tellinq us they want. TeleFuture 2 means movinq Missouri forward and readyinq the state to be succcessful into the next century. Q. If the PSC reduces your revenues, why won' t those investments be made? A. The answer is simple . The dollars will not be available . J Just as Missourians who've been hurt by the recession have not bought new cars and appliances, the company will not be in a position to invest dollars in modernizinq the telephone network if revenues are reduced to a level where there is no incentive to invest in the state . �' Q. How does regulation play a factor in the company' s willingness to invest7 A. Forward-lookinq regulation can provide an incentive for the company to put additional dollars in Missouri to modernize the state' s network . Under the TeleFuture 2 plan, profit-sharinq would continue at today' s levels . That kind of requlation gives the company an incentive to reduce expenses and produce more revenues because the company can earn more profits . Customers benefit because they share in the company' s success through profit sharing and by makinq full use of the investments in the state' s telephone network . ` � � Exhibit A 459 -2- Q. If the PSC reduced local rates by 5100 million, what would be the impact on customers? A. Neithec the staff nor OPC has filed an overearnings compl�int at this time . However , if SwBT revenues were reduced by 5100 million, those reductions would come at the expense of the enhanced mod�rnization efforts and profit sharing . Q, if the PSC reduced local rates by $100 million, how much of a reduction would be seen by the average residence customer? A. If $100 million in reductions were taken exclusively in local rates, residence customers in downtown St. Louis and Kansas City would see a reduction of about $3 off their basic local rates . Rathec than reducinq local rates for customers across—the—board, TeleFuture 2 would reduce rates by S7 for 200 , 000 customers who need it the most and would invest in Missouri ' s future . ( , � Exhibit A � � Southwestern Bell Telephone 460 Regulation Current Incentive Regutation � � Standard Experiment � Rate of Return � � � � � � ' ' � � •.�PYAOt3 s1+a+`Bd•.• �•�wtth CustOmBR' Authorized Overearnings Example Profits �:rro't�t•:•:•:• :Rei�icOrin: E�enses Under rate of return regulation, the PSC sets rates that provide SWBT with an amount revenue intended to allow the company to recover its expenses plus its authorized pro#ii level. Under the current incentive regulation experiment, the company's cap on profits � t higher, but prolits are shared with customers. The eaperiment is designed to give t company an incentive to reduce expenses and generate hi gher revenues because tt� an opportunity to earn addieonal profits while sharing profits with customers and '� improvements to the telephone network and its services. In its allegation of overearnings, the Staff and Office of the Public Council will recomn a dramadc reduction in the company's authorized profit level. At the same time, they w recommend certain expenses should be disallowed and they will arbitrarily add in certa revenues the company never realized. The net imQact of these proposals will call for th company to reduce revenues by more than �100 rrullion, which will mean lower rates tc some customers, but which will prevent the company from sharing proRts or making network upgrades. Exhibit B 461 OPEN L$TTER TO THE CAPE GIRARDEAII CITY COQNCIZ We are very concerned about the Council ' s recent actions regarding the issue of amending this City ' s Cha=ter. We are aware that a great majority of citizens voted to amend the char- ter to establish zones for the election of council members. However, it was not a vote by the people, to totally revamp this city's charter or to recall presently elected council members. The City Charter, as our city's constitution, is a profound- ly important document for this city and any undertaking to change it in any fundemental way must be carefully measured. In review- ing the tapes of the city council meetings, however, it is clear that there was no or little reqard for proper procedure in the the formation of a committee to make charter revisions. Council precedures concerning the appointment of committees that have been in place for years were entirely disregarded. , Further, the scope or size of the committee, ncr its powers were defined. For the city council to turn over the modification of this important • document to people or groups of people who have a special vested interest is dangerous and irresponsible. The charter beiongs to � � the people of this community, not certain members of the City Council. Because this situation has 3�generated into s�:ch chaos, we support reconviening the charter commission and allowing the Cape Girardeau Chamber af Commerce to fill any vacant positions. We � hope and encourage the League of Women Voters to help in the process. It has been ten years since the charter was appraved by the voters. Therefore, we recommend that the charter be reviewed in its entirety to determine if any other technical or substitive changes should be addressed. We ask the council to abandon its disarganized attempt to f orm a committee to modify the charter and to support the recon- • viened charter commission sponsored by The Cape Girardeau Chamber of Commerce. �. We feel that despite the recent zone issue election, members • -- of the Elect a Neiqhber Committee are not entitled to dominate a charter review co�ission. While they sponsored a ballot measure that was passed by the people, they were warned that the wording •. was not ciear or concise. Further, they failed to perform even the most basic reporting requirements under state finance law. We believe these are not the individuals that should be entrusted with the redrafting of our city's most important document. � 1 Exhibit B � 462 The charter should be revised so as to quarantee a smooth transition for the voter approved chanqes. Most importantly, the charter should be revised for the purpose of better government rather than to serve the immediate demands and agendas of cne poiitical group. � There has been a great deal of comment that the Elect � Neighbor Committee was an attempt to replace the existing cit council. If this is true, the Elect a Neighbor Committee shoul have asked for a simple recall, such as the one presently unde way by related qroups. If the Elect a Neiqhbor Committee' s purpose is to properly establish a ward system, it should support the Cape Girardeau Chamber of Commerce effort. For who better to write changes than the group who wrote the charter in the first place. The charter commission's members were elected by popular vote and the document they produced has served this city well for ten years. The charter commission members have qreat expertise and understanding of the charter document and are best qualified to make changes to the charter. • In closinq, the city council cannot be party to an attempt to have the charter changes drafted and revised to serve the ' political agenda of a few, but instead must see the charter is revised to serve all people fai.rly. �� , . G� � � � �, c �- � � � � ,�- ` �-� �, � . �� . ^� � � _.. � ,� � 2 . 463 . THIS LETTER WAS DISTRIBUTED TO ALL COUIVCIL MEMBERS PLANNING AND ZONING COMMISSION City of Cape Girardeau P. O. Box 617 Cape Girardeau, MO 63702-0617 December 17, 1992 To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Gentlemen: At the regular meeting of the Planning and Zoning Commission on Wednesday, December 9, 1992, the Commission reviewed and revised its list of priority recommendations for street construction and design under the City's Capital Improvements Program. Attached is the list for consideration for the 1992-93 program. This list was also attached to the Commission's minutes from the December 9th meeting. The Commission would like to express to the Council that the Commission strongly recommends that the Council keep the construction of Lexington Avenue to Highway 177 and the extension of North Sprigg Street to Lexington at the top of the priority list. We feel that completion of these projects as soon as possible is imperative if we are to relieve traffic pressure on the north side of the City and provide for proper growth and development in the future. The other priorities should be more or less self-explanatory, with the possible exception of the design priority for Bloomfield Road between Kingshighway (61) and I-55. We are requesting that the City's engineering staff take at least an initial look at upgrading this section by establishing a uniform roadway width of at least 24 feet and adding 18 to 24 inch curbs (roll- back type) and gutters to clearly mark the road limits and control stormwater runoff. This might be feasible, at relatively lower cost, at least as far west as Silver Springs. With continued elimination of parking, this would greatly improve safety along this stretch. The section from Silver Springs to I-55 will likely need to be developed to full collector standards at a minimum and possibly arterial standards. One of the reasons for recommending examination of the design parameters noted is that we feel, if practical, they may have application on other older asphalt streets such as the existing section of Hopper Road from Mount Auburn west to the Kage intersection and on Cape Rock Drive east of Bend Road. During this process, the Commission also reviewed the City's Major Street Plan, adopted on June 12, 1991, and determined that no significant changes are needed at the present time. As always, we will continue to monitor development needs in the community and review the plan at least annually. / 464 ,• ' MA,TOR SZ�tEET PLAN PRIORITIES ; �-- � PLANNING AND ZONING CONIlVIISSION � DEC�ER 9, 1992 � 1 � . i CONSTRUCTION 1. Lexington Avenue - New Construction 2. North Sprigg to Lexington - New Construction 3. Hopper Road - Mt. Auburn to Kage - New Construction 4. Perryville Road - Reconstruction 5. Highway 74 Connections - New Construction 6. Broadway - Clark to Caruthers - Recoastruction ENGINEERING . Desi�n Priorities 1. Bloomfield Road - 61 to I-55 (Upgrade) 2. Hopper Road - West of Kage Road (Reconstruction) 3. Vantage Drive (New Construction) � � . � THIS LETTER WAS DISTRIBUTED TO ALL COUNCIL MEMBERS 465` FIRST PRESBYTERIAN CHURCH Broadway at Lorimier P.O. Box 477 Cape Girardeau, MO 63702-0477 314-335-2579 R. Charles Grant Minister December 21 , 1992 Members of City Council re : proposal for riverboat gambling ;.. � I am writing to you on behalf of the members and officers of First Presbyterian Church , Cape Girardeau. The First Presbyterian Church has served our city from the corner of Lorimier and Broadway for 157 years . In addition to being a church we are one of the larger property owners and businesses in downtown Cape Girardeau. Our property acquisitions and the beautification of our "east lawn" are only some of the more recent manifestations of our longstanding commitment to downtown Cape Girardeau . Following the general election in November , the Session (governing body) of First Presbyterian Church discussed the prospect of riverboat gambling here in Cape . The consensus of our elders was and is we are adamantly opposed to such ventures for MORAL, ECONOMIC, and PRACTICAL reasons . From a MORAL perspective , gambling threatens the fabric of our liEe as a community. Gambling promises something for nothing . Gambling produces many more "losers" than "winners" . Gambling produces little more than broken dreams . Secondly, gambling doesn' t make sense from an ECONOMIC perspective. The economic benefits dervived from the introduction of riverboat gambling in other communities has been mixed at best . As an industry, gambling produces nothing but gamblers . Do we really want to market Cape Girardeau as a quality community for raising families - and a great place to gamble with your family on Friday nights? And finally, consideration of riverboat gambling at this time could have serious (negative) PRACTICAL consequences for our community. In the next few months our Schools will be pressing for a much needed bond issue and tax increase. However one feels about the merits of the proposals at hand, they deserve the community' s full and undivided attention . I believe a special election in early March would be counter-productive to the addressing of our public school needs. In sum, I would like to assure the Council that First Presbyterian Church will actively join with other churches and moral leaders in OPPOSING the introduction of riverboat gambling in Cape Girardeau . Therefore , I urge the Council to exercise the leadership entrusted in you by NOT taking any action that would facilitate riverboat gambling in Ca Gi ardeau. R. Charles Grant . ZHIS T F'rr'F'R WAS DISTRIDiTi'ID Tp r•T• p�7�IL �,� 4 6 7 f;� �.�� �� ,- _- Colonial �- Cape Girarrleau Founrlation December 21, 1992 ti�;.' City Councilperson Melvin C. Kasten Cape Girardeau City Hall 401 Independence Cape Girardeau, Missouri 63701 Dear City Councilperson Kasten: We would again like to thank you for your time and consideration on behalf of the Colonial Cape Girardeau Foundation, especially your unanimous vote to set up a Special Task Force. We, the Foundation, Look forward to working closely with you and the Special Task Force to find the means by which funding for this very worthy project can be obtained. Please find the enclosed forms completed by those who have agreed to be members of the Special Task Force. There are two additional forms which you shall receive from individuals who most assuredly wish to be on the Special Task Force but for personal reasons could not complete the required form until later in the week. They are Mr. Milton George, R. Ph., who is out of town, and Mr. Jay Knutson, ( a member of the Park Board, whose form is on file in the City Managers Office, but a new one is being completed for the Special Task Force ) who has been ill. We urge you to collectively or individually, to add to this list or, if it meets your approval, pass it as is. We look forward to your decision on this matter this evening, so that the Special Task Force may be charged with their duties at the January 4, 1993 City Council meeting. Again, thank you for your time and consideration in this matter of importance to both our Foundation and a great number of residents of Cape Girardeau. With best wishes for the holidays, we remain Sincerely, � The Colonial Cape Girardeau Foundation Enclosures DEM:pms Post Office Box 34 • Cape Girardeau, Missouri 63702-0034 • (314)339-1992