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Session 1715, Minutes February 9, 1998 no conflicts in the surveys. Their survey is 100% correct. This is simply a misunderstanding on the resident's part. Mr. Ollendorff thought that the survey was done recently. Mr. Schaeffier answered in the affirmative. Further responding to Mr. Wagner, Mr. Schaeffler said that the Survey Department had suggested to the property owner, south of the Clayton line, that she bring in her plats, which caused her to become upset. She told them that she would have her own survey done. Mr. Wagner asked Mr. Schaeffler if he understood the point that the property owner was trying to make. Mr. Schaeffier said that he did not, because there is a ten foot separation between the two properties, due to the sidewalk easement. He thinks that some of the confusion and panic was when she had seen the survey point in her driveway. Mr. Wagner asked if the plat went up to the sidewalk. Mr. Schaeffler said that it did. The resident's property begins ten foot south of their line. Mr. Ollendorff said the developer's property goes right up to the sidewalk. There is a ten foot wide public sidewalk, then there is the neighboring property owner. Mr. Wagner said that the property owner was concerned that the line be setback two feet north of the sidewalk. Mr. Munkel asked if Clayton Engineering was licensed in the State of Missouri. Mr. Schaeffler responded in the affirmative. Mr. Munkel said that the copy of the plat that he had was not certified and asked if Clayton Engineering had certified the survey. Mr. Schaeffier responded in the affirmative. He said that the final plat can not be signed until approval this evening. Mr. Schoomer said that the complainant's recourse would be in civil court. The City must abide by the licensed engineer's certification. Mr. Lieberman said that the City was asked to vacate its part of the ownership of the utility easement which would have to come under a separate vacation ordinance and asked if it was being prepared. Mr. Ollendorff said that it was not completed yet, but is being prepared. The applicant still needs to get sign offs for vacating the old easement from all the utility companies before we ask Council to vacate the City's interest. The new easement has been accepted by MSD for sewer. Mr. Sharpe asked Mr. Ollendorff if he was satisfied, based on the information that he had at his disposal, that the plat and surveys were as they should be. Mr. Ollendorff said that he was satisfied that the boundary for the developer's property was correct. He cannot, with certainty, answer for the neighbor's claim. All councilmembers voted aye to approve the final plat, except for Mr. Wagner, who voted Nay. The motion passed six to one.