Council approves yard sale legislation, discusses other ordinances

Hillsboro City Council members voted to approve an ordinance to amend the Hillsboro Code of Ordinances to facilitate yard sales in the city during their regular June meeting, in spite of some opposition.

The ordinance, which had its third reading Monday night, outlines several updates to the existing yard sale ordinance, including:

• Changing the number of days permitted for a yard sale from five days to three.

• Changing the number of yard sales per year allowed from two to four.

• Adding an option to apply for a permit at the city’s website.

• Adding to the limitations and restrictions a section that states yard sale signs must be removed within 24 hours of the sale’s expiration.

• Adding that a minor misdemeanor citation with a fine of not more than $100 will be issued to anyone in violation of the ordinance.

During the citizens’ comments portion of the meeting, Hillsboro resident Barb Cole implored council members to consider “a no vote or return [the issue] to committee.”

Cole had spoken out against the proposed ordinance on several occasions, including during regular council and committee meetings.

“The new yard sale ordinance would tell the citizens of Hillsboro when they could have a yard sale, what they can sell at the yard sale, who can be there selling and requires them to get a permit that would be displayed in a place where everybody could see it,” Cole said. “This is unbelievable, the amount of restrictions.

“The other thing is to criminalize yard sales. We’ll have a code ordinance person going around checking, and then we’ll move into criminalizing if someone does not follow the rules.”

Cole said that she spoke with the city’s code enforcement officer, who reported “no complaints” on yard sales in the city since he began working for the city in March.

“Does this council, does this administration, wish to create within this community such a restrictive atmosphere?” Cole asked. “Please don’t criminalize yard sales. Don’t add all these restrictions. Send it back to committee, let some folks have a say with other suggestions that might be simpler, more welcoming.

“How to do we want to portray ourselves? As being restrictive and authoritarian and criminalizing yard sales, or welcoming, caring about our neighbors and allowing freedom within our community?”

There was no discussion from council, other than a comment from community enhancement committee chair Claudia Klein.

“The only thing I would have to say is we have updated what has already been on the books since 1987, and I hope for a full passage so we can finally get this out of committee,” Klein said.

The ordinance passed by a 6-0 vote, as council members Lee Koogler and Bill Alexander were absent from the meeting.

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Hillsboro mayor Drew Hastings reported that the city has received a “preliminary draft finding of our hotel feasibility study that we contracted for.”

“I will tell you only that it looks promising,” Hastings said.

The city has also received an “initial zoning code diagnosis and outline from the consultants that we’d hired to modernize and clean up our zoning issues,” according to Hastings.

“It looks to me that it was money well spent,” Hastings said. “It will make things a lot more understandable, a lot easier for all of us in the long run.”

Hastings also requested that council schedule a special meeting this month.

“FactFinder is looking at issues that the FOP and the administration are at odds over,” Hastings said. “I think they’re unrealistic at best. Council will need to vote on the FactFinder’s findings when they’ve been presented.”

Hastings told council that the Hillsboro Planning Commission Zoning Appeals Board met to discuss “a request for a variance to build a home spanning two lots on Crestwood Drive,” which was granted “contingent upon the execution of a quitclaim deed that assured the two properties would be conveyed together forever.” The planning commission also moved to change their meeting dates to the third Monday of the month.


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Safety and service director Todd Wilkin informed council that the city received two bids, one from Cox Paving and one from Miller-Mason Paving, for a road paving project; and the city received one bid for the sidewalk pilot program for parts of East Walnut, South East, South High and East South streets.

“The property owners in this area will be receiving letters from the city describing the program and the method in which we hope to perform the work,” Wilkin said. “Those letters will be sent here in the next week or two.”

Property owners will also be receiving letters detailing the change in sewer rates due to multi-user legislation passed by council, Wilkin said.

“The legislation does not take effect until the later part of this month, but we are sending out the letters to property owners in the next few weeks and implementing it in July,” Wilkin said. “In those letters will be notifications of the changes.”

Wilkin announced that the city received an Interact for Health planning grant for “a bike trail along Moberly’s Creek that runs along Northview Drive and runs to Shaffer Park.”

Public meetings will be scheduled to discuss the proposed bike path, Wilkin said.

“I expect the first meeting will probably occur the first part of July,” Wilkin said.

Wilkin said plans to demolish the entire Colony Theatre building are moving “in the right direction” and that the city is awaiting estimates on the cost of its demolition.

Wilkin also announced that Sharma Nartker was named the city of Hillsboro’s employee of the month.

“She was selected by the department heads for her dedication and hard work displayed throughout the past month, but also throughout her nine years of service within the city,” Wilkin said.

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President pro tem and finance committee chair Dick Donley reported that the finance committee met to consider the peddlers and solicitors ordinance in relation to the DP Grill food truck on South High Street in Hillsboro.

Donley said that local business owner Rick Pitzer spoke about “trucks that wish to sell furniture and bedding” that have come to the city in the past. Phil Holthouse, a retired furniture business owner, also told the committee about these trucks during the meeting, according to Donley.

“The peddlers would bring truckloads of furniture,” Donley said. “They would tell buyers to contact local businesses that sell the same product and they would cover the warranty.”

Donley said that Pitzer told the finance committee that such peddlers only have to pay for “minimal city licenses” and are not subject to the same quality standards as other businesses.

“Mr. Pitzer felt the current ordinance was not specific enough for such activities and that the license fees should be increased,” Donley said.

Donley said that Pitzer also questioned whether the food truck follows the same “food preparation and health issues” as a regular restaurant.

Another local business owner, Robin Morris, told the committee that food trucks “take away from local businesses” and “come to town, sell their products and leave and don’t really do anything to help the city grow.”

“He and others were also concerned about safety issues depending on where the trucks were set up,” Donley said.

Hillsboro business owner Geoff Lowell also spoke out against “temporary garden centers and food trucks” that “make it difficult for someone to make an investment in a permanent location or business in town.”

Donley said that the finance committee will continue to consider the matter.

“There’s got to be a balance somewhere,” Donley said.

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The zoning and annexation committee met June 6 to discuss several issues, according to chair Tracy Aranyos. The committee moved to approve a request for a property detachment on state Route 247.

The zoning and annexation committee also considered an amendment to the uptown historic “G” zoning ordinance.

“The committee all agreed to only permit residential spaces above ground level,” Aranyos said. “We also agreed with the recommendation of the law director, safety and service director and planning commission’s view that we do not need a grandfather cause to permit the current residential properties and gas stations inside the historic ‘G’ district as long as the use is maintained within a year.”

An ordinance to amend Hillsboro Codified Ordinance 155.042 Historic Business “G” District Zoning to include a paragraph on first-floor residential units was passed unanimously as an emergency Monday night, following the suspension of the three-reading rule.

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Council members also approved the following resolutions and ordinances, each by a 6-0 vote:

• A resolution to increase appropriations in the Recreation Fund by $30,000.

• A resolution to increase appropriations in the Wastewater Improvement Fund by $4,600.

• A resolution to increase appropriations in the Street Construction Maintenance and Repair Fund by $250,000.

• An ordinance vacating an alley within the city of Hillsboro.

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Council also met with Hillsboro Dog Park Association president Ken Rentz. To read more, click here.

Council adjourned from regular session to enter into executive session “regarding a legal matter” at the mayor’s request.