Posted on: March 17, 2017

Summary of March 14 Board of Aldermen meeting

2017 March_EmployeeMonth_JohnnyGraves

City of Branson
110 West Maddux  |  Branson, MO  65616  |  417.337.0017 direct
Jennifer Langford, MBA/MIS – Communications Manager


Thursday, March 16, 2017

Summary of March 14, 2017 Meeting of Branson Board of Aldermen

MARCH EMPLOYEES OF THE MONTH:  Dennis Pritchard & Johnny Graves, City of Branson Public Works 

Congratulations to Dennis Pritchard and Johnny Graves both of the Public Works Department for their assistance to the Parks Department to make improvements to the Lakeside Forest Wilderness Area. Both Mr. Pritchard and Mr. Graves have been awarded the City of Branson March Employee of the Month awards presented by Alderwoman Kirsten Hart.

Dennis and Johnny were instrumental in constructing the pads for the new nature playground and pavilion. Dennis went above and beyond to make sure the pads were extremely level so they would be ready when the contractor arrived – this extra efforts enabled the project to keep moving forward at a good pace.  Johnny also played a big role in assisting with the pads by hauling in needed fill materials, preparing the site for concrete by staking & leveling the site – as well as taking a leadership role in pouring and finishing the concrete.  Due to Johnny’s experience as a concrete finisher, he took all possible options into account to provide the best possible finish.  Their efforts will go a long way towards the successful installation of the new nature playground and the pavilion features.

Dennis and Johnny are no strangers to lending a hand to the Park’s department, having assisted many years with campground pad projects. Their experience and willingness to help the Parks department have been valuable to the success of these installations. Their actions display Branson City values of Teamwork and Cooperation – less of me, more of WE to work together to achieve a common goal.  


Approved Board of Aldermen Minutes:

        a)            February 23, 2017 Study Session

        b)            February 28, 2017 Regular Meeting

Acknowledge Receipt of Minutes:

        a)            Board of Adjustment meeting of August 25, 2016

        b)            Tree Board meeting of January 4, 2017

        c)            Budget and Finance Committee meeting of January 26, 2017

CONSENTS / FINAL READINGS:  The Board of Aldermen approved the final readings of the following:

Trademark License Agreement with TCED: Approval of the Non-Exclusive Trademark License Agreement with the Branson Lakes/Area Tourism Community Enhancement District which allows use of the Branson by the City of Branson.  

Expenditures from the City’s Tourism Tax Contingency Fund: Approved the expenditure from the City’s Tourism Tax Contingency Fund for marketing dollars to assist in the promotional and marketing efforts of Benefit the Badge (a community multi-sports tournament series to support law enforcement), and also to the Scott’s Firefighter Combat Challenge in which Branson Firefighters will compete in regional events that will be held in Branson over the next four years with the World Series to be held in Branson in 2020.

City of Budget Amendments: Amending the adopted 2017 City of Branson Budget to adjust monies for the Tourism and Capital Funds, the General Fund and Capital Fund, and various other funds.

Approval of Contracts: Approval of contracts for Laserfiche Enterprise Content Management Software, holding tank and special waste for treatment at the Branson Wastewater Treatment Facilities, and repair/replacement of doors and frames at Branson Water and Wastewater Facilities.

Pre-Annexation Agreement: Approved of pre-annexation agreement for property of Rex and Janice Adair located at 238 Bent Oak Road in Branson.

REGULAR AGENDA – FIRST READINGS and PUBLIC HEARINGSThe Board of Aldermen approved the first readings of the following items:

Branson Convention Center Year-End 2016 Review: Marc Mulherin of SMG presented the 2016 Year-End Review of the Branson Convention Center.

Resolutions for the Branson Police Department:  The Branson Police Department is applying for grant funding from MoDOT for the following:

  1. $3,500 to cover officer’s overtime while enforcing Youth Alcohol Enforcement campaigns throughout the year. In 2012-2014, a total of 689 impaired drivers were involved in crashes where one or more persons were killed. In known cases, 10.1% of these drivers were under the age of 21. A total of 55 persons were killed in traffic crashes involving these young impaired drivers. Of these persons killed, 56.4% were the underage impaired driver and 43.6% were some other party in the crash.
  2. $7,000 for D.W.I. Enforcement to cover officer’s overtime while conducting D.W.I. enforcement throughout the year. Alcohol and other drugs contribute substantially to traffic crashes on Missouri’s roads, especially those resulting in death or disabling injury. In 2012-2014 period, 414,173 traffic crashes occurred in the state. Of those, 0.5% resulted in a fatality and 2.9% involved someone being seriously injured. During the same time period, there were 19,161 traffic crashes where one or more drivers, pedestrians, and/or bicyclists were under the influence of intoxicants and in the opinion of the investigation officer their intoxicated condition was a contributing factor to the crash.
  3. $5,600 for Hazardous Moving Enforcement that will cover officer’s overtime while conducting Hazardous Moving Enforcement throughout the year. Alcohol and other drugs contribute substantially to traffic crashes on Missouri’s roads, especially those resulting in death or disabling injury. In 2012-2014 period, 930 were killed in traffic accidents due to aggressive driving, 67.4% were the aggressive driver and the other 32.6% were some other party in the incident. Of the 5,266 seriously injured, slightly more than one-half (53.9%) were the aggressive drivers and nearly one-half (46.1% being some other person involved.

Approval of Payment for Property Damage: The Board approved payment to Mr. Olof Pierson as full restitution for property damage caused by water intrusion owned by Pierson at 112 E. Atlantic Street in Downtown Branson. Public Works had installed a temporary water meter on a fire hydrant near the corner of Atlantic and Commercial Streets during the Autumn Daze Festival held September 13-17, 2016. Such meters are installed for festival participants to use for business purposes to meet their water needs. Pierson experienced water intrusion damaging his property interior and contents. An investigation was performed and found that either the water hydrant was not fully opened after the meter was installed or had been adjusted to less than fully opened after installation. The hydrant is designed to allow water to run through weep holes underground when not fully opened to prevent damage to the hydrant during sub-freezing temperatures. In this situation, water ran underground from the weep holes and intruded into Mr. Pierson’s business causing water and mold damage to the building and to all the interior contents. Pierson presented a list of costs incurred around this water intrusion, submitting a claim for damages to be covered by the City’s property/liability insurance pool, Midwest Public Risk (MPR). This claim was denied by MPR as no part of it was covered by the 2016 coverage document. To compound the matter, the same hydrant was used in the previous year’s Autumn Daze Festival, causing similar – yet less extensive – water damage to the Mr. Pierson’s property. The difference was that in the 2015 claim, damage was caused by defective or damaged water hoses that were connected to the temporary meter. In the prior claim, Utilities personnel had set up the temporary meter; in this most recent case, Utilities staff provided the meter to Pubic Works staff to install without knowledge of what occurred in the prior year’s incident. Measures have now been put into place to ensure Utilities alone will install these meters, preventing a recurrence of this kind of incident. Furthermore, as the downtown improvement phases move forward, actual in-ground water meters are being installed which will make it possible to eliminate the use of temporary hydrant meters for events in the downtown area.  The claimant has agreed to settle with the City for a total of $29,601.33 for damages to the building and its contents. According to City Code 2-288 the City Administrator is authorized to approve payments for this type of claim up to $15,000.00 and any remaining claim amounts must be considered by the Board for approval.  The City Administrator reviewed the claim and approved $15,000.00 which has been paid to the claimant. The Board voted to approve payment of the remaining claim balance in the amount of $14,601.33.

State of Missouri Property, Liability and Workers’ Compensation: Approval of the Midwest Public Risk (MPR) updated bylaws and the City of Branson’s participation with other political subdivisions within the State of Missouri for Property, Liability, and Workers’ Compensation Coverages. MPR is a not-for-profit group of municipalities and other political subdivisions in Missouri and Kansas, working to share costs in protecting themselves with property, liability, workers’ compensation and employee benefits (insurance like) coverages. RsMO 537.620 outlines that municipalities in Missouri may, with groups like MPR, band together for insurance, and that any funds spent with such pool of coverage do not constitute a contract, purchase, or expenditure of public funds for which the governmental body is required to solicit competitive bids. The City of Branson is a member of MPR, and its member agreement provides coverages for property/liability, and workers’ compensation. From July 1, 2016 through June 30, 2017.

‘Welcome to Branson’ Signage: Approval of a Signing Agreement with MoDOT pertaining to new Welcome to Branson Signage. Several years ago, the city installed “Welcome to Branson” signs adjacent to Highway 65 at the north and south city limits. With the city’s adoption of the new logo, it is appropriate that these welcome signs be replaced with signage displaying the new logo. The Branson CVB has agreed to pay the material cost for the new signs, and the City of Branson will perform the installation. MoDOT agrees to the signage change so long as the City formalizes the installation through an agreement with MoDOT for the signs demonstrating the City’s adherence to MoDOT signage requirements. The City of Branson will thus assume responsibility for the signs.

Downtown Streetscape Lighting & Signage: Acceptance of a proposal for Historic Downtown Branson Streetscape street lights and street signage. During the downtown streetscape master plan development, the project engineer and landscape architects worked with the project steering committee to select the styles and visual elements for Historic Downtown Branson. In that plan, specific styles for street light poles, lights and street name signs were selected and installed in Phase 1 of the project. Following those installations, a better product in material composition and sustainability was identified, and also carried a lower cost with better, lower-wattage LED lighting. The poles made of Accoya wood by Structure, were placed in Phase 1, but Sternberg Lighting fixtures will replace the Structura fixtures in the remaining phases with custom designs identical to those used in Phase 1 provided by supplier Mercer-Zimmerman.  To further reduce costs, the City will purchase these fixtures directly to be supplied to the contractors for installation. A total of 33 light pole assemblies and 2 street name sign assemblies will be purchased an installed in Phases 2 and 3 of the Downtown Streetscape Project for a total cost of $217,437. Mercer-Zimmerman is required to supply these items in the spring when the contractor is ready for installation.

Contracts for Temporary Emergency Housing: Approval of a contract extension between the City of Branson and the Salvation Army to provide temporary emergency housing for the needy. These services are available at such times when residents and children are displaced from their homes due to unforeseen circumstances like inclement weather or inadequate living conditions of their homes.

Municipal Code Amendments: Approval to amend Chapter 2, Section 2-361 and Chapter 90, Section 90-36 of the Branson Municipal Code pertaining to municipal services to property outside city limits and connection of customers outside city limits. During past years, numerous concerns have been brought forward by property owners and developers regarding the timeline for approval to connect new and existing residential homes, located outside the Branson city limits, to Branson’s water and sewer services. Members of the Board of Aldermen requested staff review the current approval process for possible ways to allow for a shorter approval period. Amendments to Municipal Code Sections 2-361 and 90-36 will allow for shorter approval periods while still providing adequate timelines to properly process required documents. Under these code amendments, the Board of Aldermen would provide authority to the City Administrator to approve water and sewer connections for one- and two-family dwellings as defined by the International Residential Code (IRC). The current agreement document being used in the process to connect customers outside the City would remain in place with one addition of a property definition line to identify what type of property is being connected. The new document will be titled as a “Sewer Service Connection Agreement” and will identify the property name, proximity to Branson city limits, and type of service requested along with exhibits. This document will better identify the primary intent of the agreement which is to eliminate septic systems immediately adjacent to the city limits and for protection of the environment. Structures must continue to meet the requirements of the City Code to accommodate potential future annexation of the property which would require approval by the Branson Board of Aldermen. In the new process, City Administrator will be granted authority to approve only the connection of residential dwellings as defined in the IRC, and only those dwellings not requiring extension or expansion of the City’s existing public infrastructure. All other connections for multi-family and commercial developments will continue to require approval by the Board of Aldermen for connection.

City of Branson 2016 Budget Amendments and Adjustments: Approval to amend the adopted 2016 Budget for the City of Branson, adjusting monies for various funds including:

  1. Capital Fund – Water/Sewer:  Lift Station 21 Equalization Basin Construction (WS1401).   This project was budgeted and work began in 2015.  The majority of the project construction took place in 2016 however a vendor wasn’t selected so funds didn’t roll from 2015 to 2016.  The funds rolled to the Fund Balance in 2015, this will reduce the Capital Projects Fund-Water Sewer balance for 2016.  The transfer amount is lower due to a $1.2M transfer being done in 2015 when the capital transfers were being done based on the budget instead of the actual expenditures.  This process was changed in 2016, to transfer based on expenditures.
  2. Capital Fund – Water/Sewer Operations: December 2015 flooding repairs and expenses at the Meadows Water Treatment Plant (FL15WS) that we incurred in 2016.  The total expense for this location was $462,868 for which reimbursement is being sought from FEMA/SEMA for 75% of this amount.  This would leave $115,717 as the City’s portion.

MoDOT Deed for Right-of-Way for Route 76: On September 27, 2016 the Board of Aldermen approved a Road Relinquishment Agreement with MoDOT regarding the transfer of ownership of Route 76 to Branson, accepting the deed for the roadway from the Highway Commission. The deed covers all of Route 76, from Sunshine Street on the east, up to and including the intersection at Shepherd of the Hills Expressway on the west.

Extension of Ordinance Related to HCW Development Company: 

Administrator Malinen presented the ordinances for which the Board of Aldermen had previously approved an extension to allow HCW to complete necessary documentation, but now requests an additional 90-day extension to a date no later than June 13, 2017.  This includes the severance, amendment and restatement of the Master Lease between the City of Branson and HCW Development Company LLC; a ground lease agreement between the City of Branson and the Empire District Electric Company; an Estoppel and Agreement among the City of Branson, HCW Development Company LLC, HCW Private Development Company LLC, and Cantor Commercial Real Estate Lending, L.P.; and six separate severed, amended and restated Branson Landing Leases.


Closed Executive Session pursuant to 610.021.1 RSMo for litigation and 610.021.3 RSMo for personnel.


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Media inquiries related to this content may be directed to Jennifer Langford, Communications Manager, City of Branson at or by calling 417.337.0017. 



About the City of Branson, Missouri:

Located in Southwest Missouri, the City of Branson is committed to its citizens and to those who visit here, to ensure a safe and environmentally sound community. We will work as a team to maintain and promote the growth of our City, and to provide professional, courteous service to all through fair and open communication. We look to tomorrow, remembering yesterday, dedicated to excellence today.


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