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minutes 2025-11-11 City meeting records #q18cef984 Open original ↗

November 11, 2025 — Meeting Minutes

This document is the minutes of the City of Clayton Board of Aldermen meeting held November 11, 2025. It records meeting attendance, an open forum with no speakers, public hearings and ordinances (including amendments to Chapter 405 establishing zoning and licensing regulations for retail smoking establishments and to Chapter 425 sign regulations), and creation of a new Chapter 617 requiring annual licenses for retail smoking establishments with requirements such as $50,000 net assets and $1,000,000 liability insurance. The minutes also record approval of appointments to the 25 N. Central Avenue Community Improvement District board (five directors with terms expiring September 23, 2029), adoption of ordinances by roll call votes (e.g., Bill No. 7105 adopted as Ordinance No. 6965; Bill No. 7109 adopted as Ordinance No. 6969), and amendments to municipal code sections including departmental organization and duties.
Cited passage
2. Motion – Certification of November 4, 2025, Special Municipal Election results.

Motion made by Alderman Buse to approve the consent agenda. Alderman Patel seconded.

The motion passed on a roll call vote: Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; Alderman Waldman – Aye; and Mayor McAndrew – Aye.

AN ORDINANCE AMENDING TITLE VI OF THE CLAYTON CITY CODE BY ENACTING A NEW CHAPTER 617 PERTAINING TO THE BUSINESS LICENSE FOR RETAIL SMOKING ESTABLISHMENTS City Manager Gipson reported that the proposed ordinance enacts a new chapter of the Clayton City Code by requiring an additional license for any Retail Smoking Establishment selling tobacco, vapor, alternative nicotine, or hemp-derived intoxicant products. Applicants must demonstrate good moral character, hold at least $50,000 in net assets, and maintain $1 million in liability insurance. Licenses are valid for one year, non-transferable, and may be suspended or revoked after investigation and hearing if violations occur. The ordinance also mandates background checks, character references, and compliance with zoning and health standards, while exempting existing lawful operators until the next licensing period.

Alderman Patel seconded. The motion passed unanimously on a voice vote. Alderman Buse introduced Bill No. 7106, approving an amendment to Chapter 425 Sign Regulations to revise the permitted size of blade signs and allow administrative review of ground signs to be read for the second time by title only. Alderman Patel seconded. City Attorney O’Keefe reads Bill No. 7106, second reading, an Ordinance Amending Chapter 425 Sign Regulations to Revise the Permitted Size of Blade Signs and Allow Administrative Review of Ground Signs by title only. The motion passed on a roll call vote: Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; Alderman – Waldman – Aye; and Mayor McAndrew – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6966 of the City of Clayton. A PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR 905 ST. RITA AVENUE - PARKING LOT

Mayor McAndrew opened the public hearing and requested proof of publication. City Manager Gipson reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Mike Lutsky on behalf of Byron Co., to allow for the operation of a parking lot as the primary use on the subject property. Anna Krane, Director of Planning, addressed the Board to answer questions. Mayor McAndrew closed the public hearing.

11-11-2025 BOA Minutes November 11, 2025 Page 4 of 14 Motion made by Alderman Buse to approve Res. No. 2025-32, granting a Conditional Use Permit for a parking lot located at 905 St. Rita Avenue. Alderman Patel seconded.

The motion passed unanimously on a voice vote.

A PUBLIC HEARING AND A RESOLUTION FOR A CONDITIONAL USE PERMIT FOR 16 NORTH CENTRAL AVENUE RESTAURANT OPERATED BY ANYA16 LLC D/B/A TORA ASIAN HOUSE

Mayor McAndrew opened the public hearing and requested proof of publication.

City Manager Gipson reported that this is a public hearing to consider an application for a Conditional Use Permit submitted by Jennifer Gong on behalf of Anya16 LLC, to allow for the operation of Tora Asian House, a 2,500 square foot restaurant with an outdoor dining area.

Anna Krane, Director of Planning, addressed the Board to answer questions.

Jennifer Gong, applicant, was present to answer questions.

Mayor McAndrew closed the public hearing.

Motion made by Alderman Buse to approve Res. No. 2025-33, granting a Conditional Use Permit for Anya16 LLC, Tora Ashian House located at 16 N. Central Avenue. Alderman Patel seconded.

The motion passed unanimously on a voice vote.

CONSENT AGENDA

Licenses are valid for one year, non-transferable, and may be suspended or revoked after investigation and hearing if violations occur. The ordinance also mandates background checks, character references, and compliance with zoning and health standards, while exempting existing lawful operators until the next licensing period.

11-11-2025 BOA Minutes November 11, 2025 Page 5 of 14 Operationally, the ordinance imposes strict controls on sales and marketing. Licensees must conduct quarterly lab testing of hemp-derived products, complete annual training related to sales to minors, verify customer age digitally, and comply with packaging and display limits (e.g., no free samples, flavored products except menthol/tobacco, or visible product displays from outside). Sales are prohibited between 1:30 a.m. and 6:00 a.m., and barred windows or doors are forbidden.

Chelli McLellan, 8100 Pershing Avenue, member of the “All In Coalition”, addressed the Council with concerns of the age limit allowed to work in the subject establishment.

Wally Pankowski, 4 N. Central Avenue, addressed the Council requesting that the Council reconsider the prohibition against allowing product samples, and to also exempt cigars.

Motion made by Councilmember Patel to amend Bill No. 7107, removing Section 617.040, E. “No person or entity shall distribute, give away or provide free samples of any Covered Product.” Councilmember Hummell seconded.

The motion passed unanimously on a voice vote.

Councilmember Buse introduced Bill No. 7107, an ordinance approving an amendment to Title VI of the Clayton City Code by enacting a New Chapter 617 pertaining to the Business License for Retail Smoking Establishments as amended to be read for the first time by title only. Councilmember Patel seconded.

City Attorney O’Keefe reads Bill No. 7107, first reading, an Ordinance Amending Title VI of the Clayton City Code by the Enacting of a New Chapter 617 Pertaining to the Business License for Retail Smoking Establishments as amended by title only.

The motion passed unanimously on a voice vote.

Motion made by Councilmember Buse that the Council give unanimous consent to consideration for adoption of Bill No. 7107 as amended on the day of its introduction. Councilmember Patel seconded.

The motion passed unanimously on a voice vote.

Councilmember Buse introduced Bill No. 7107, an ordinance approving an amendment to Title VI of the Clayton City Code by enacting a New Chapter 617 pertaining to the Business License for Retail Smoking Establishments as amended to be read for the second time by title only. Councilmember Patel seconded.

City Attorney O’Keefe reads Bill No. 7107, second reading, an Ordinance Amending Title VI of the Clayton City Code by the Enacting of a New Chapter 617 Pertaining to the Business License for Retail Smoking Establishments as amended by title only.

The motion passed on a roll call vote: Councilmember Buse – Aye; Councilmember Patel – Aye; Councilmember Feder – Aye; Councilmember Hummell – Aye; Councilmember – Waldman – Aye; and Mayor McAndrew – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6967 of the City of Clayton.

AN ORDINANCE AMENDING VARIOUS SECTIONS IN ARTICLE XIII OF CHAPTER 215 OF TITLE II OF THE CLAYTON CITY CODE REGULATING CERTAIN TOBACCO, NICOTINE, HEMP, VAPOR, AND RELATED PRODUCTS

The bill, having received majority approval, was adopted, and became Ordinance No. 6967 of the City of Clayton. AN ORDINANCE AMENDING VARIOUS SECTIONS IN ARTICLE XIII OF CHAPTER 215 OF TITLE II OF THE CLAYTON CITY CODE REGULATING CERTAIN TOBACCO, NICOTINE, HEMP, VAPOR, AND RELATED PRODUCTS

11-11-2025 BOA Minutes November 11, 2025 Page 6 of 14

City Manager Gipson reported that this ordinance revises Article XIII of Chapter 215 of the Clayton City Code to expand local tobacco regulations to include nicotine, vapor, hemp-derived, and related products. It introduces new definitions such as “Covered Products,” “Hemp-Derived Intoxicants,” and “Retail Smoking Establishment.” The ordinance prohibits selling or providing any Covered Product to persons under 21, restricts minors from entering or loitering near establishments selling these products, and mandates the use of digital age-verification systems.

Motion made by Councilmember Patel to amend Bill No. 7108, removing Section 215.660, C. “No person or entity shall distribute, give away or provide free samples of any Covered Product.” Councilmember Hummell seconded.

The motion passed unanimously on a voice vote.

Councilmember Buse introduced Bill No. 7108, approving an amendment to Article XIII, Chapter 215, Title II regulating certain tobacco, nicotine, hemp, vapor and related products as amended to be read for the first time by title only. Councilmember Patel seconded.

City Attorney O’Keefe reads Bill No. 7108, first reading, an Ordinance Amending Various Sections in Article XIII of Chapter 215 of Title II of the Clayton City Code Regulating Certain Tobacco, Nicotine, Hemp, Vapor, and Related Products as amended, by title only.

The motion passed unanimously on a voice vote.

Motion made by Councilmember Buse that the Council give unanimous consent to consideration for adoption of Bill No. 7108 on the day of its introduction. Councilmember Patel seconded.

The motion passed unanimously on a voice vote.

Councilmember Buse introduced Bill No. 7108, approving an amendment to Article XIII, Chapter 215, Title II regulating certain tobacco, nicotine, hemp, vapor and related products as amended to be read for the second time by title only. Councilmember Patel seconded.

City Attorney O’Keefe reads Bill No. 7108, second reading, an Ordinance Amending Various Sections in Article XIII of Chapter 215 of Title II of the Clayton City Code Regulating Certain Tobacco, Nicotine, Hemp, Vapor, and Related Products as amended, by title only.

The motion passed on a roll call vote: Councilmember Buse – Aye; Councilmember Patel – Aye; Councilmember Feder – Aye; Councilmember Hummell – Aye; Councilmember – Waldman – Aye; and Mayor McAndrew – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6968 of the City of Clayton.

AN ORDINANCE APPOINTING CERTAIN BOARD OF DIRECTORS TO THE 25 NORTH CENTRAL COMMUNITY IMPROVEMENT DISTRICT (CID)

City Manager Gipson reported that on June 9, 2015, the City of Clayton created the 25 North Central Community Improvement District (CID) for the property located at 25 N. Central Avenue, now operating as Two Twelve Clayton. The CID imposes an additional 1% sales tax on restaurants and other retail sales. The CID uses the revenues from the sales tax and special

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