The moratorium, which would disallow any permits be issued for use of the containers, sometimes used by construction crews for storage, as well as by local residents in the place of sheds or other storage structures, until city officials can craft an ordinance that would address the matter — including any problems caused by residential use.
“A couple of years ago this issue came up,” said Assistant City Manager Todd Darden. “We refer to them as sea containers. They are the portable containers you see going up and down the railroad spurs as well as on the highways. After researching it, we began looking at some of the ordinances in our areas and what other communities were doing to address those.
“About four months ago we took a proposal tailored after what Midland has, and made some changes to it for what we thought would fit the Big Spring community and took it to Planning and Zoning. The Planning and Zoning Commission asked the staff to go back and look at it because the one we proposed did not allow them in residential zones except for construction purposes, which would be a temporary type permit.”
According to Darden, the number of sea containers being utilized within the city limits continues to grow, making the moratorium a necessity while city officials decide how to handle the situation.
“In the meantime, they keep growing in our community,” said Darden. “What we're asking the council to do tonight is to place a temporary moratorium on them until the staff can get the research done and get it to Planning and Zoning for a recommendation to the council to consider.”
Mayor Russ McEwen said he didn't oppose the moratorium as long as existing permits for sea containers were grandfathered into the measure.
“I personally feel like I don't have a problem with a moratorium on new permits,” said McEwen, “but let's say someone has had a permit for something and it expires during that 180 days. I feel like we should grandfather them until we have something.”
City attorney Linda Sjogren said grandfathering the existing container permits into the moratorium was always the intention of the city staff.
“That's what we intended to do, to grandfather them in,” said Sjogren. “We wouldn't make them pull it out. They may have some restrictions on them once the new ordinance is in place, but they will have plenty of time to comply with those requirements.”
McEwen's support of the measure didn't find its way into the council's vote, however, as he — along with council members Manuel Ramirez Jr. and Troy Tompkins — voted against the 180-day moratorium. Council members Greg Biddison, Gloria McDonald, Jo Ann Staulcup and Stephanie Horton all voted in favor of the measure.
Tompkins also expressed concerns the moratorium could impact the upcoming abatement of the Settles Hotel, which is set to undergo massive renovations beginning later this month.
Local resident Ed Ware spoke against the moratorium, saying to disallow the use of the containers was simply taking a shot at the constitutional rights of area residents.
“I kind of disagree with this. I can't help it, I guess it's personal reasons,” Ware told the council. “I don't think this is in the best interest of the public. I object to it because, if I remember right, our constitution says we have life, liberty and the pursuit of happiness. And this is telling me they are taking away some of our pursuit of happiness.”
The council is expected to consider the final reading of the ordinance calling for the moratorium during its Aug. 26 meeting.
Contact Staff Writer Thomas Jenkins at 263-7331 ext. 232 or by e-mail at
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