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5 Responding to a question from Mr. Lynch, Ms. Fenton said that the BAR felt that racks could be appealed and brought to the BAR, and suggested that wording be changed to allow this. Mr. Tolbert said the ordinance should be amended by inserting "open" on page 3, item "d." Mr. Schilling said he fe els the vendor design guidelines need to be properly annotated, and he made a motion to defer until it can be put in that form. Mr. Caravati seconded the motion. It was noted that the ordinance could be moved and the guidelines brought back for consider ation on second reading, and Mr. Schilling and Mr. Caravati withdrew their motion. Ms. Richards said she feels it is appropriate that the vendors make a contribution to the mall. She said there is a cost to maintain the mall and to pay for use of the sp ace. She said the certificate of appropriateness should discourage itinerate vendors and the requirement that permits be displayed should aid enforcement. Ms. Richards made a motion to approve the ordinance, with the grammatical changes and the addition of "open." Mr. Lynch seconded the motion. The ordinance entitled "AN ORDINANCE AMENDING AND REORDAINING CHAPTER 8 (CITY MARKET), CHAPTER 28 (STREETS AND SIDEWALKS) AND CHAPTER 34 (ZONING) OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, REL ATING TO STREET VENDORS" was offered and carried over to the next meeting for consideration. Mr. Cox said that the guidelines will be brought back for consideration at the second reading and language will be added to allow racks to be approved by the BAR. Mr. Schilling said he does not necessarily favor that. APPEAL : BOARD OF ARCHITECTURAL REVIEW DECISION RE: YORK PLACE SIGNS Mr. Tolbert explained that when the zoning ordinance was passed a comprehensive sign program was included for unique circumstan ces such as this. He said that he told the owner of York Place that he did not have a problem with the projecting signs and could approve them administratively. He said he felt the safety issue of the projecting signs could be dealt with by putting somet hing under them. He said that the issue later came to a staff member who submitted the request to the BAR. He said the BAR approved everything except the projection. He said the appeal is asking that the signs be projecting. He recommended that if Counc il grants the appeal that there be two conditions, that the merchants not be allowed to put out sandwich boards and that a planter or something be placed under the signs that are approved by his office. rd Ms. Fenton, 105 3 Street, Chair of the BAR, said that some BAR members felt that the signs and flags proposed were too bright, and they came up with a compromise. She said there was a problem with the signs projecting because of ADA regulations, noting that a planter could be moved and the signs would still be there. She said it was felt it would also set a precedent for other businesses. She said the BAR felt it should be part of a comprehensive review of signs. Ms. Sandy Ruseau, owner of John Ruseau Watercolors in York Place, said that there are t en tenants in York Place. She presented Council with pictures of existing projecting signs for side street businesses, noting the height of them and the fact that there are no planters under them. Ms. Richards asked how business was when the projecting signs were on the building.