Mentone Seeks To Plug Loophole In Ordinance

July 28, 2016 at 4:25 p.m.

By Ruth Anne Lipka, Times-Union Lifestyles Editor-

MENTONE - Rewriting an ordinance for placement of mobile homes within town limits was deemed necessary after a loophole was unwittingly found.

Jim Keirn approached the Mentone Town Council last month to seek permission to place a mobile home on a lot across from Mentone Egg Products. After being given a list of criteria that must be met before consideration could be given to his request, he returned to the council Monday.

Keirn pointed out that the mobile home he plans to place on the lot meets all the conditions. However, the council moved into a discussion as to whether the ordinance was being interpreted the way it was intended. It was the consensus of the council that the ordinance was written to keep smaller or older mobile homes from replacing old ones being removed from established lots in town.

Town attorney Larry Beeson said the ordinance reads that if the criteria are met, the council must approve the request.

"If that's what the ordinance says, we have no choice but to approve it, then get the ordinance cleaned up," said councilman Forrest Kantner.

"It (the ordinance) has a loophole and Jim happened to be the lucky guy who found it," said council president Ed Rock. "We won't give an OK because of the repercussions ... but if it shows up within the next 30 days, we can't do anything about it."

Keirn originally came before the council because he thought placing the mobile home would require a variance. That is not the case because the area is already zoned residential. He plans to demolish a house currently on the lot.

Beeson will present the amended ordinance for approval at next month's meeting to prevent future misinterpretations.

In other business, the council agreed to allow the residents of Miller's Mobile Home Park to participate in the fall large-item trash pickup set for Oct. 16.

Jim Miller, owner of the park, said he tried about two years ago to get weekly trash service from the town but was turned down. He was then denied a request in the spring for participation in large-item trash pickup, but said his residents pay into the town's general fund and should receive some benefits.

The council agreed not only to allow the 23 units to participate in the fall cleanup, but also to look into trash service in the future.

In other matters, the council:

• Agreed to a 7 p.m. Oct. 22 meeting with the library board and representatives of R.P. Murphy & Associates of Larwill to discuss possible uses for the F.I. Saemann building. The 50,000-square-foot structure is being considered for use by Bell Memorial Library, but is too large for just the library. Tim Kelty of R.P. Murphy said that although contamination was found at the site, the Indiana Department of Environmental Management will not hold the library or purchaser liable for clean-up costs unless they contributed to the contamination.

• Ok'd a request from the Mentone Fire Department to place an illuminated temporary sign on the lawn of the town hall to advertise the Oct. 17 fish fry and raffle. The event will help with the purchase of an IRIS helmet for the fire department.

• Approved spending $6,600 to replace a 1-inch water line with a 2-inch line from South Broadway Street at the northeast intersection east to the curve at Morgan Street. The line will improve water pressure and quality to two residences and the cemetery. The upgrade was apparently included in the recent water project but did not get done.

• Announced that leaf pickup begins Oct. 19 and runs through November. Residents are reminded that leaves should be raked to the street, but not on the street.

• Approved upgrading lights on the police cars for $660.

• Set trick-or-treat hours for 6 to 8 p.m. Oct. 30. Residents wanting to participate should leave their porch lights on during these hours.

The next meeting is at 7 p.m. Nov. 2 in the town hall. [[In-content Ad]]

MENTONE - Rewriting an ordinance for placement of mobile homes within town limits was deemed necessary after a loophole was unwittingly found.

Jim Keirn approached the Mentone Town Council last month to seek permission to place a mobile home on a lot across from Mentone Egg Products. After being given a list of criteria that must be met before consideration could be given to his request, he returned to the council Monday.

Keirn pointed out that the mobile home he plans to place on the lot meets all the conditions. However, the council moved into a discussion as to whether the ordinance was being interpreted the way it was intended. It was the consensus of the council that the ordinance was written to keep smaller or older mobile homes from replacing old ones being removed from established lots in town.

Town attorney Larry Beeson said the ordinance reads that if the criteria are met, the council must approve the request.

"If that's what the ordinance says, we have no choice but to approve it, then get the ordinance cleaned up," said councilman Forrest Kantner.

"It (the ordinance) has a loophole and Jim happened to be the lucky guy who found it," said council president Ed Rock. "We won't give an OK because of the repercussions ... but if it shows up within the next 30 days, we can't do anything about it."

Keirn originally came before the council because he thought placing the mobile home would require a variance. That is not the case because the area is already zoned residential. He plans to demolish a house currently on the lot.

Beeson will present the amended ordinance for approval at next month's meeting to prevent future misinterpretations.

In other business, the council agreed to allow the residents of Miller's Mobile Home Park to participate in the fall large-item trash pickup set for Oct. 16.

Jim Miller, owner of the park, said he tried about two years ago to get weekly trash service from the town but was turned down. He was then denied a request in the spring for participation in large-item trash pickup, but said his residents pay into the town's general fund and should receive some benefits.

The council agreed not only to allow the 23 units to participate in the fall cleanup, but also to look into trash service in the future.

In other matters, the council:

• Agreed to a 7 p.m. Oct. 22 meeting with the library board and representatives of R.P. Murphy & Associates of Larwill to discuss possible uses for the F.I. Saemann building. The 50,000-square-foot structure is being considered for use by Bell Memorial Library, but is too large for just the library. Tim Kelty of R.P. Murphy said that although contamination was found at the site, the Indiana Department of Environmental Management will not hold the library or purchaser liable for clean-up costs unless they contributed to the contamination.

• Ok'd a request from the Mentone Fire Department to place an illuminated temporary sign on the lawn of the town hall to advertise the Oct. 17 fish fry and raffle. The event will help with the purchase of an IRIS helmet for the fire department.

• Approved spending $6,600 to replace a 1-inch water line with a 2-inch line from South Broadway Street at the northeast intersection east to the curve at Morgan Street. The line will improve water pressure and quality to two residences and the cemetery. The upgrade was apparently included in the recent water project but did not get done.

• Announced that leaf pickup begins Oct. 19 and runs through November. Residents are reminded that leaves should be raked to the street, but not on the street.

• Approved upgrading lights on the police cars for $660.

• Set trick-or-treat hours for 6 to 8 p.m. Oct. 30. Residents wanting to participate should leave their porch lights on during these hours.

The next meeting is at 7 p.m. Nov. 2 in the town hall. [[In-content Ad]]

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