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Last Published: 12/7/2006 4:14:53 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Present:4 - ED FORD, TROY NASH, BONNIE COOPER, MARY WILLIAMS-NEAL
 

001495
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0235, rezoning an area of approximately 3.8 acres generally located on the north side of Norledge Avenue, east of Walrond Avenue, and on the east side of N. Indiana Avenue, between Norledge Avenue and Gladstone Boulevard, from District R-4 (Low Apartments) to District R-2a (Two-Family Dwellings). (12486-P)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Larry Stice, City, Development Department, gave an overview of the ordinance. He stated the case is to request a downzoning of properties along Norledge Avenue and N. Indiana, four structures and a vacant lot fronting on Norledge Avenue and five structures fronting on N. Indiana Avenue within the area to be rezoned. Committee recommended approval of the ordinance.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001496
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0234, rezoning an area of approximately 0.08 acres generally located at 4256 Bridger Road from Districts R-3 (Low Apartments) and C-2 (Local Retail Business) to District C-2 (Local Retail Business). (12461-P)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Larry Stice, City Development, gave an overview of the ordinance. He stated that the rezoning will allow development of a surface parking lot. Committee recommended approval.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001497
Approving the preliminary plat of Fleming Petroleum - 1st Plat on approximately a .28 acre tract of land generally located at the northwest corner of 21st Street and Grand Boulevard. (SD 0925)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Larry Stice, City Development Department, stated that the preliminary plat is to consider approval of six residential condominium lots and five common tracts located at the northwest corner of 21st & Grand.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001498
Approving a development plan in District GP-7 (Agricultural and Low Density Residential Uses) on approximately a 1.12 acre tract of land generally located on the south side of Old Stagecoach Road approximately 1/3 mile west of Line Creek Parkway. (12467-GP)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Larry Stice, City Development Department, stated that approval of the preliminary development plan is to allow construction of a 150 foot tall cellular communication monopole tower located on the south side of Old Stagecoach Road west of Line Creek Parkway.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001540
RESOLUTION - Approving an amendment to the Little Blue Valley Area Plan, being that part of Kansas City bounded by Highway 40 and Independence city limits on the north, LeeĀ“s Summit Road on the east, Highway 350 and Unity Village city limits on the south and Raytown city limits on the west, by modifying the Land Use Plan and Map for an area of approximately 5.72 acres generally located at 14350 Blue Parkway on the north side of U.S. Highway 50 at the Kansas City, Missouri-Unity Village city limits, to recommend "community commercial services uses" instead of "moderate density residential uses".


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "BE ADOPTED"
David Lane, City Development, stated that the resolution is to amend the Little Blue Valley area plan by changing the recommended land use from moderate Density Residential to Community Commercial Services on approximately 5.72 acres.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001541
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0320, rezoning an area of approximately 5.72 acres generally located at 14350 Blue Parkway on the north side of U.S. Highway 50 at the Kansas City, Missouri-Unity Village city limits from Districts RA (Agricultural) and C-2-p (Local Retail Business) to District C-2-p (Local Retail Business), and approving a preliminary plan for the same. (7218-P-1)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS"
David Lane, City Development Department, stated that the request is to rezone about 5.72 acres located at 14350 Blue Parkway on the north side of US Hwy 50 at the kansas City, Missouri-Unity Village city limits. The applicant has operated a watercraft repair and storage business at the site for the past three years. The proposed development will be an improvement to the existing site. Committee recommends approval of the ordinance.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001542
Approving an amendment to a previously approved development plan in District GP-3 (Regional Business) on approximately a 106.8 acre tract of land generally located on the north side of N.W. Barry Road approximately 900 feet east of Interstate 29. (10410-GP-14)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS"
Tim Parks, City Development, stated that the ordinance is to amend a previously approved preliminary development plan to allow a signage plan for an existing business.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001543
Approving an amendment to a previously approved preliminary plan in District C-2-p (Local Retail Business - Limited District) on approximately a 1.39 acre tract of land generally located on the west side of N. Oak Trafficway, approximately 110 feet north of N.E. 81st Street. (9879-P-1)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Brian Pitts, City Development, gave an overview of the ordinance. The ordinance is located on the west side of N. Oak Trafficway approximately 110 feet north of 81st Street. Approval of the ordinance will allow construction of a retail building.
Ayes: 3 - Nash, Cooper, Williams-Neal
Nays: 0

001567
(Sub.)
Annexing at the request of property owner SJL, L.L.C., through its manager, James R. Robertson, approximately 164.56 acres located generally east of N. Stark Avenue and 2,600 feet north of N.E. 112th Street, in Clay County, Missouri; and directing the City Clerk to cause three certified copies of this ordinance to be filed with the Clerk of Clay County, and one certified copy of this ordinance to be filed with the Clay County Board of Election Commissioners, upon the effective date of this ordinance.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
Committee recommended to hold ordinance off the agenda.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001577
Authorizing the expenditure of $640,000.00 for the purchase of the building and grounds at 4700 East 63rd Street, Kansas City, Missouri, and appropriating funding therefor.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS"
Edgar Jordan, City Development Department gave an overview of the ordinance. He stated that the purchase of property will be for the Water Services Department.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001578
Authorizing the purchase of property located at 11102 Sunny Slope Drive for future public use; authorizing acceptance of the deed to the property; and authorizing expenditure of previously appropriated funds in the amount of $51,500.00.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Edgar Jordan, City Development Department, gave a thorough overview of the ordinance. Committee recommended approval.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001579
Authorizing execution of a Personal Services Contract with Carmen Wheeler for relocation services for a period of one year in the amount of $30,285.00 plus $2,317.00 in FICA payments and $2,016.00 in medical benefits payments.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Edgar Jordan, City Development, gave a thorough overview of the ordinance. Committee recommended approval.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001580
(Sub.)
Authorizing execution of a $35,000.00 Cooperative Agreement with the Economic Development Corporation of Kansas City, Missouri, for the preparation of the Eastgate Corridor Land Use and Development Plan and directing the City Clerk to file the documents with the appropriate offices.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE"
A committee substitute was submitted on the ordinance. Lisa Briscoe, City Development stated that the purpose of the construct is to help the city accomplish its principal planning goals of citywide implementation of the FOCUS plan.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001582
Approving and designating Project 12 of the 22nd and Main Tax Increment Financing Redevelopment Plan as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
Committee recommended to hold ordinance 001582 off the agenda.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001583
Approving and designating Project 13 of the 22nd and Main Tax Increment Financing Redevelopment Plan as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
Committee recommended to hold ordinance 001583 off the agenda.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001584
Accepting the recommendations of the Tax Increment Financing Commission as to the Parvin Road Corridor Tax Increment Financing Redevelopment Plan, approving the Parvin Road Corridor Tax Increment Financing Redevelopment Plan; and designating a Redevelopment Area.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
Committee recommended to hold ordinance 001584 off the agenda.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001585
Approving and designating Project Area 1 of the Parvin Road Corridor Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Laura Whitener, Economic Development Corporation, testified on the ordinance. She explained to the committee the intent and purpose of the ordinance.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001586
Approving and designating Project Area 2 of the Parvin Road Corridor Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Laura Whitener, Economic Development Corporation, testified on the ordinance. She explained to the committee the intent and purpose of the ordinance.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001587
Approving and designating Project Area 3A of the Parvin Road Corridor Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
Committee recommended to hold ordinance 001587 off the agenda.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001588
Approving and designating Project Area 3B-1 of the Parvin Road Corridor Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
Committee recommended to hold ordinance 001588 off the agenda.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001589
Approving and designating Project Area 3B-2 of the Parvin Road Corridor Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
Committee recommended to hold ordinance 001589 off the agenda.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001590
Approving and designating Project Area 3C of the Parvin Road Corridor Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Committee recommended to hold ordinance 001590 off the agenda.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001591
(Sub.)
Approving and designating Project 3D of the Parvin Road Corridor Tax Increment Financing Plan as a Redevelopment Project; and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
Committee recommended to hold ordinance 001591 off the agenda.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001592
Approving and designating Project Area 4 of the Parvin Road Corridor Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
Committee recommended to hold ordinance 001592 off the agenda.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001593
Accepting the recommendations of the Tax Increment Financing Commission approving the Fourth Amendment to the 22nd & Main Tax Increment Financing Plan.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Laura Whitener, Economic Development Corporation testified on the ordinance, explaining to the committee the intent and purpose of the ordinance.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001594
Approving and designating Project 24 of the 22nd and Main Tax Increment Financing Redevelopment Plan as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Laura Whitener, Economic Development Corporation testified on the ordinance, explaining to the committee the intent and purpose of the ordinance.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001595
Accepting the recommendations of the Tax Increment Financing Commission as to the Fourth Amendment to the Briarcliff West Tax Increment Financing Plan; approving the Fourth Amendment to the Briarcliff West Tax Increment Financing Plan; and designating an Expanded Redevelopment Area.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Laura Whitener, Economic Development Corporation, stated that the Briarcliff Tax Increment Financing (TIF) plan was approved in 1990 and is now an area which is comprised of north of the river to Vivion Road from the county line Platte/Clay over to U.S. 169. The proposed amendment is to expand the area to the north to I-29 to allow the addition of a new project which is a 88 unit multi family redevelopment. The site has been declared blighted.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001596
Approving and designating Redevelopment Project No. 37 of the Briarcliff West Tax Increment Financing Plan, as amended, as a Redevelopment Project and adopting tax increment financing therein.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"
See comments for ordinance 001595.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001597
Approving the plat of Replat of Lot 1, Block 1, Red Bridge Business Center, an addition in Kansas City, Jackson County, Missouri; accepting various easements.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Edra Brashear, Public Works Department, stated that the plat is a two tract commercial development located on the southwest corner of Red Bridge Road & Holmes. The developer was required to submit a storm drainage study and improve streets. The plat is for development of a parking lot for DeVry Institute. All of the grades and closures have been checked and recommended approval of the ordinance. Phillip James, applicant, concurred with staff's report.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001598
Approving the plat of Woodneath Farms, The Villas - First Plat, an addition in Kansas City, Clay County, Missouri; accepting various easements; establishing grades on public ways; authorizing the Director of Public Works to execute certain agreements; and authorizing the City Clerk to file this ordinance and attached agreement.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Edra Brashear, Public Works Department, stated that the plat is a twenty six lot, single family development located at N. Flintlock Road and NE 96th Street. The developer was required to submit a storm drainage study and obtain a land disturbance permit. All of the grades and closures have been checked on the plat. David Matthew, John Lutjen & Associates, concurs with staff's recommendation.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001599
Approving the plat of U.S.P.S. Facility, an addition in Kansas City, Jackson County, Missouri; accepting and releasing various easements.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Edra Brashear, Public Works Department gave an overview of the ordinance and stated that the plat is for the Post Office located at Truman Road & Cleveland. Committee recommended approval.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001615
Approving the Fourteenth Amendment to the Development Plan submitted by the Crown Center Redevelopment Corporation and authorizing the Director of Finance to enter into a Fifteenth Supplemental Contract with the Crown Center Redevelopment Corporation.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA"
Committee recommended to hold ordinance until January 3, 2001.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001623
Authorizing execution of a $30,000.00 Cooperative Agreement with the Port Authority of Kansas City, Missouri, for the establishment of a boat ramp access and directing the City Clerk to record certain documents with the appropriate offices.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Gabriel Okafor, City Development Department, testified on the ordinance. The ordinance will authorize execution of a second cooperative agreement for a second payment in the amount of $30,000.00 with the Port Authority to provide boat ramps access to the Missouri River at the Kansas City Riverfront Park Area.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001626
RESOLUTION - Clarifying the intent of the Council with regard to the increase in revenue from parking meters in the downtown area as approved by Committee Substitute for Ordinance No. 980920 and directing the City Manager to report to the City Council.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "IMMEDIATE ADOPTION"
Committee recommended approval of the ordinance.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001632
(Sub.)
Authorizing the Director of Housing and Community Development to enter into an amendment to the Cooperative Agreement with the Planned Industrial Expansion Authority of Kansas City, Missouri, previously approved by Ordinance No. 991500 whereby the City will provide $75,000.00 in additional funding from previously appropriated funds to PIEA for cost controlling environmental insurance and other related project costs for the Central Industrial District redevelopment project; directing the City Clerk to record the amendment; and declaring an emergency.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE"
A committee substitute was submitted on the ordinance. Committee recommended approval.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001635
(Sub.)
Approving the Fifth Amendment to the Development Plan submitted by the Eighteenth and Vine Redevelopment Corporation; declaring the additional area included in such plan to be a blighted area and its redevelopment necessary for the preservation of the public peace, prosperity, health, safety, morals and welfare; authorizing the Director of Finance to enter into a Fifth Supplemental Contract with the Eighteenth and Vine Redevelopment Corporation; and authorizing the Mayor to issue a Certificate of Public Convenience and Necessity authorizing the Eighteenth and Vine Redevelopment Corporation to acquire certain property by the exercise of eminent domain. (Case No. 251-S-10)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA"
Committee recommended to hold ordinance 001635 until January 3, 2001.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001638
Accepting the recommendations of the Tax Increment Financing Commission as to the Parvin Road Corridor Tax Increment Financing Redevelopment Plan, with certain conditions; approving the Parvin Road Corridor Tax Increment Financing Redevelopment Plan; and designating a Redevelopment Area.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Laura Whitener, Economic Development Corporation, testified on the ordinance and committee recommended approval.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001152
(Sub.)
Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0305, rezoning an area of approximately 28.48 acres generally located at the southwest corner of N.W. 56th Street and N. Northwood Road from District RA (Agricultural) to District R-1a (One-Family Dwellings). (12441-P)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE"
Patricia Jensen, Assistant City Attorney, stated that Committee Substitute have been prepared for ordinances 001152 which will rezone the property from RA to R1 rather than R2 which will rezone all of the 28 acre and 001153 approving a community unit project for an 8.55 acre tract within the 28 acre for 18 single family homes. Committee recommends approval of the ordinances.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001153
(Sub.)
Approving a Community Unit Project on an approximately 8.55 acre tract of land generally located at the southwest corner of N.W. 56th Street and N. Northwood Road. (12441-CUP-1)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE"
See comments for ordinance 001152.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001443
(Sub.)
Approving an amendment to a previously approved Community Unit Project on an approximately 75.09 acre tract of land generally located at the southeast corner of N.E. 92nd Street and N. Indiana Avenue. (11594-CUP-1)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE"
John Eckardt, City Development Department, testified on the ordinance. Committee recommended approval.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0

001482
Approving a development plan in District GP-7 (Agricultural and Low-Density Residential Uses) on approximately a 60 acre tract of land generally located on the north side of N.W. Barry Road, approximately 2000 feet east of N. Childress Avenue. (12468-GP)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS"
Committee recommenced approval of the ordinance.
Ayes: 4 - Ford, Nash, Cooper, Williams-Neal
Nays: 0
 
 The following item has been added to the agenda:
 
 There will be a closed session to discuss a Legal Matter pursuant to RSMo Section 610.021(1).
 
 There will be a closed session to discuss a Real Estate Transaction pursuant to RSMo Section 610.021(2).