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150 Mr. Brown said he is concerned that not acting on rezonings during an evaluation of the ordinance would amount to a de facto moratorium. Mr. Brown said the rezoning should be voted on its merits. Ms. Richards said she would rather see Mr. Smith withdraw his zoning request and wait for further study, but if he does not, she feels Council needs to make the best possible decision with the existing zoning code. Ms. Richards noted that the properties in question are adjacent to railroad tracks, and questioned whether Council can reasonably restrict their use to residential under those circumstances. Ms. Richards said she feels that B-1 is a transition zone in the existing zoning ordinance, and she will support B-1. Mr. Toscano said that Council leaves itself open to future arbitrary action if it supports the existing code in some matters but not in others. Mr. Cox said he does not think multi-residential use on the property is unrealistic. Ms. Slaughter said that she agrees that the existence of the railroad tracks does not rule out residential development. Ms. Slaughter said she feels that the commercial designation of the property by the Planning Commission was an error or ill-advised. Ms. Slaughter said she is concerned about the process and about perpetuating the oversight by approving the zoning. Ms. Slaughter said she will support the B-1 zoning. The ordinance entitled "AN ORDINANCE AMENDING AND REENACTING THE DISTRICT MAP INCORPORATED IN SECTION 34-15 OF THE ZONING ORDINANCE OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, BY THE REZONING OF CERTAIN PROPERTY LOCATED ON 5TH STREET, S.W. NEAR WEST MAIN STREET," which was offered at the July 1st meeting, was approved by the following vote. Ayes: Ms. Richards, Ms. Slaughter, Mr. Toscano. Noes: Mr. Cox and Ms. Daugherty. Ms. Slaughter said she hopes the Planning Commission will seriously consider the zoning issues as they study the matter. Mr. Cox said that a majority of property owners in the area are willing to wait and work with the City, but he recommended that the Planning Commission move with dispatch. Ms. Daugherty recommended that information on transition zones be gathered from other cities. PUBLIC There were no matters by the public. Ms. Richards noted that South Street is a very mixed use zone and she would have the same concerns about restricting use there to residential. Ms. Slaughter noted that the existence of design controls help in mixed-use areas. OTHER BUSINESS On motion by Ms. Richards, seconded by Ms. Daugherty, Council voted, with Mr. Cox voting against the motion, to meet in executive session for the purpose of discussing appointments to boards and commissions, as authorized by Section 2.1-344(A)(1) of the Virginia Code; and for the purpose of consultation with legal counsel and briefings by staff members, consultants or attorneys, pertaining to probable or actual litigation, or other specific legal matters requiring the provision of legal advice by counsel, as authorized by Section 2.1-344(A)(7) of the Virginia Code. The substance of the matters to be discussed can reasonably be identified as follows: changes in the form of local government structure, and related alternatives. An executive session on this subject is also authorized by Section 15.1-945.7(D) of the Virginia Code.