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Session 1528, Minutes September 10, 1990 Page 5 (me to look at historic preservation legislation as a tool and way of conserving present resources and keeping the community intact in a very important way. Mr. Tan Kahn, #7 Westridge Court, Historic Preservation Commission member and real estate developer, said he did not believe landmark status would increase the Tivoli building's value, and in fact, might decrease it because of the ad- ditional restrictions placed on the building due to its historic status. He felt fewer people would be interested in trying to rehab the building and it would be more expensive to do so for that reason. M. Lisa Van Amburg, 7114 Washington, chair of the Historic Preservation Com- mission, said she would not speak to the Tivoli's significance, but would ask the Council to take a look at the City's present stance on its historic pres- ervation ordinance. She thought many now felt ambivalent about the ordinance and were not sure about its economic impact, so perhaps it should be reevalu- ated as to whether the City really wants to use it as a mandate for preserva- tion. She recalled that preservation experts attending a spring workshop here visited the Loop and noted that local designations were dragging behind na- tional designations. Another problem in older cities like University City is demolition by neglect, she said, citing Hanley Junior High School as an exam- ple. She said the City has no power to turn down a demolition permit unless the building is designated and a standard is in the ordinance which states the building cannot be demolished. After buying a building, if a developer says it is not economically feasible to preserve it, the City has to prove it is economically feasible, but has no resources to do so; she felt the burden of proof should be shifted to the new owner by designating the building, which tells the owner it is to be preserved. She pointed out the City has the flex- ibility to alter the standards if necessary. She felt the Historic Preserva- tion Ccarnnission was most concerned about the demolition of the Tivoli, and the way in which the burden of proof now sits on the City, absent designation. Mr. Esley Hamilton returned to the microphone, noting the phrase "every effort shall be made" (to prevent demolition) was applied to the Hanley building and yet it was torn down, and that could happen with the Tivoli building. He said the standards provided in the proposed designation are not so binding as to prevent the City from dealing with proposed new development. He also noted that the other speakers amply demonstrated that this was not an exercise in nostalgia, but a hard look at ways of strengthening the City. Mayor Majerus thanked all who spoke, noting that this is a very serious and difficult issue for the Council. She closed the public hearing at 8:09 p.m. CONDITIONAL USE PERMIT - CLARK OIL, 8341 OLIVE The City Manager concurred with the Plan Commission recommendation to approve the remodeling of the automobile service station at this location, with the following conditions: 1. All signs on the premises shall conform to the University City Sign Code. 2. All fencing, new or existing, shall match. The use of a single neutral color for the slats, say a dark brown, would allow the slats to complement the canopy and would not compete with it.