Citing safety concerns, Starbase restricts access to public streets

STARBASE, Texas (ValleyCentral) — Citing safety concerns, the city of Starbase plans to restrict access to public streets.

During a meeting on Monday morning, the Starbase City Commission approved requests from SpaceX to install gates near four intersections, preventing the public from accessing a large part of the city.

“It’s basically to regulate the constant flow of visitors that are just coming through here, wanting to look at the community,” said City Manager Kent Myers.

The City Commission created a process for property owners to request “controlled access devices” on May 29, nine days after Starbase became a city.

SpaceX submitted requests to install gates on St. Jude Street, Memes Street, Esperson Street and LBJ Boulevard on June 3, according to documents released under the Texas Public Information Act.

_{A gate near the intersection of St. Jude Street and San Martin Boulevard. (Dave Hendricks / CBS 4 News)}

All four requests said the gates would enhance “safety and security,” foster “a stronger sense of community” and reduce the “risk of unwanted visitors.”

SpaceX, though, had already started building the gates.

_{A gate near the intersection of Esperson Street and San Martin Boulevard. (Dave Hendricks / CBS 4 News)}

On May 30, when a CBS 4 News reporter visited Starbase, the gate on St. Jude Street had already been completed — and closed.

The gates on Memes Street and Esperson Street had been installed, but they remained open.

As part of the process approved by the City Commission in May, notices must be mailed to nearby property owners “no later than fifteen (15) days before the date of the meeting at which the City Commissioners will consider the request to erect or remove a controlled access device.”

Starbase also created a “Gate Construction Permit Application Checklist,” which listed five requirements for installing a gate, including the submission of a site plan, an architectural plan and a structural engineering plan.

_{The city of Starbase provided members of the City Commission with a map showing the gates.}

It’s unclear whether SpaceX and Starbase followed the rules.

CBS 4 News filed a public information request for the site plans, architectural plans, structural engineering plans and other documents on June 11.

The city released four “Controlled Access Street” applications submitted by SpaceX, but Starbase didn’t release any documents on the checklist.

Starbase reviewed the requests from SpaceX during a City Commission meeting on Monday morning.

“An important aspect of the control devices for the city is that it brings a level of community, a level of safety and security, to the folks that live here and own property here,” said City Commissioner Jordan Buss.

Buss added that “if there’s a need to be in the city,” Starbase would grant access.

“Fair to say, Mr. Myers?” Buss said.

Myers, the city manager, agreed.

Mike Montes Jr., a lawyer who owns property near Starbase, interjected.

“Excuse me, Mr. Myers, don’t people have the right to travel through a municipality?” Montes asked. “Or is this going to be a gated community that you’re building?”

Myers said the city would provide “access codes” to ambulances, firefighters, law enforcement officers and delivery drivers, among others. Residents could also provide access to guests.

“Those of us that live in the city have experienced more than our fair share of events with folks who aren’t necessarily here for the right reasons. Aren’t necessarily here to provide any good reason to be in the city,” Buss said. “I see a couple of residents on Memes Street shaking your heads there, who were actually involved in a potential altercation with somebody who was here for malicious reasons. So, this has a lot to do with the public safety and security of the people that live here. And, again, with proper need to be in the area, we’ll work out that access. Absolutely.”

Approached by a CBS 4 News reporter after the meeting, Buss declined to provide any details about the incident on Memes Street.

Several people who attended the meeting questioned whether the gates violated state law.

“If a road is public, you cannot block access to it,” said Diego Luna, 52, of Brownsville, who owns property in Starbase.

Mike Wojcik, 67, of Chicago, who made the trip to Starbase for the City Commission meeting, said he believed SpaceX was trying to limit access to the area.

All three people who serve on the City Commission are current or former SpaceX employees.

“I wonder whose interests are best served if it came to a situation of the property owners versus SpaceX,” said Grady Deaton, 82, of South Padre Island, whose family owns property in Starbase. “Of course I know the answer to that, but it’s worth noting.”

Asked if Starbase had the authority to restrict access to public streets, Cameron County District Attorney Luis V. Saenz didn’t mince words.

“I would direct you to Penal Code: Obstruction of Roadway,” Saenz said.

Section 42 of the Texas Penal Code makes it a misdemeanor for anyone to obstruct a street “without legal privilege or authority.”

“I’m not giving you legal advice, but my knee-jerk reaction is: No, you can’t do that,” Saenz said. “Brownsville can’t say: OK, you can’t come in here unless you’re from Brownsville — unless you got business here. If it’s a public road, it’s a public road. Period.”