EXHIBIT A Photo taken July 9, 2008 of existing Southern Star Central Gas
Pipeline site located approximately 97
thand Renner Blvd.
Rusted fence with
broken braces Broken or missing
wire mesh fencing Discarded rusted pipe
Oil stained ground, weeds within fence, bare ground without gravel covering Weeds and debris
within fence
9601 Renner Blvd.
Lenexa, KS 66219 September 2, 2008
City of Lenexa
Planning Commission
12350 W. 87
thStreet Parkway Lenexa, KS 66215-2882
Re: Statement in Opposition to Pending Application for Special Use Permit Applicant: Southern Star Central Gas Pipeline, Inc. (Southern Star)
File: SU 08-10 & 11
Planning Commission Meeting Date: September 8, 2008 Dear Ladies and Gentlemen:
T-Mobile USA, Inc., occupies the 78,484 square foot building located at 9601 Renner Boulevard, Lenexa, KS, located within the Renner Ridge Corporate Center. The building is owned by Aquiport Lenexa, LLC. More than 800 employees work in this call center location, which operates 18 hours a day, 7 days per week.
Southern Star is seeking a Special Use Permit for its proposed installation of two (2) above ground industrial pipelines called pig launcher devices. These launchers are proposed to be 31 feet and 29 feet in length and approximately 26” high by 20” in diameter.
T-Mobile USA, Inc., opposes the installation of these devices based on several factors. First, and utmost, is the safety and comfort of our T-Mobile employees. On the afternoon of July 23
rd, employees began complaining of a nauseating rotten-egg odor permeating the building. Not long after the
complaints began I was contacted by U.S. Central asking if we smelled the
rotten-egg/natural gas odor, as their employees were complaining, too. After
calling the Kansas Gas Emergency line, and requesting that someone come
out to investigate, I was informed by the investigator that Southern Star was
working on the exchange station in the easement adjacent to the call center
and the smell would continue until 10:00 PM that evening. At no time did
anyone from Southern Star attempt to inform any of the nearby businesses in
Renner Ridge Corporate Center that Southern Star would be performing
maintenance and releasing gas from the exchange station. If Southern Star
endeavored to be a good corporate citizen they would have informed the
surrounding businesses that they would be doing maintenance on the
exchange device and of the expected duration of the gas smell. The fact that they did nothing to inform us is concerning and leads one to speculate that they don’t care about being a good corporate citizen. Should the new launcher devices be installed, this type of situation could arise periodically and could potentially cause major and possibly costly disruption of the call center in the event the gas odor permeates the building as it did on July 23rd.
Particularly if work on the devices goes on for long periods of time. During the recent episode many employees had headaches and felt nauseous and wanted to leave.
Additionally, T-Mobile is concerned about the potential degradation of our Class A Business Park. T-Mobile endeavors to be The Best Place to Work and places an extremely high value on providing a positive and pleasing work environment for its employees. This park was chosen, among other reasons, for its aesthetic qualities; ponds, walking trail, trees, flowers, and manicured rolling green lawns. The two proposed launchers will certainly be an eyesore and can only devalue our beautiful business park. Evidence of the poor upkeep of Southern Star’s current exchange station on the adjacent easement is attached as Exhibit A.
In the Community Spirit and Amenities section of Lenexa’s Vision 2030, Goal 5 states: “Continue to make Lenexa a harmonious city through integrated landscaping, streetscapes and tasteful architecture.” It’s Rational: “The city’s beauty displayed through prairie-themed landscaping, tasteful architecture, public art displays, waterscapes and streetscapes will attract high quality businesses, residents and visitors. Beautification contributes to community pride, enhances property values and establishes the physical identity of Lenexa.” Some of the strategies stated to achieving the goal are:
• Integrate major arterials (Pflumm, Lackman, Renner, Monticello and Woodland) into the 87/95th Street Corridor and turn these roadways into places that are an extension of the City Center as well as gateways into Lenexa with thematic landscaping
throughout the City.
• Integrate open and green spaces with a system of parks, plazas, streetscapes and waterscapes using a unified, natural prairie theme.
• Bury all utilities by 2030 and minimize through the use of
creative landscaping all man-made structures such as building
facades and utility boxes. Continue enforcement of strict
ordinances that support aesthetically pleasing signage.
• Introduce new, and update current city ordinances, to maintain and strengthen Lenexa’s natural resources, landscape and architectural quality.
With Lenexa’s commitment to community involvement and strategic planning through Lenexa’s Vision 2030, much emphasis has been placed on
environmental awareness and beautification throughout the city. The proposal by Southern Star does not seem to fit with the intent and scope of Lenexa’s Vision 2030 and would most certainly mar the beauty (streetscape) of Renner Boulevard as a showcase corridor to the new Lenexa City Center.
Given that Southern Star’s current above ground exchange station is in complete disrepair and that Southern Star did not see fit to inform T-Mobile, U.S. Central, or any of the other nearby businesses of their planned
maintenance work and the release of gas vapors on July 23
rd, it is unlikely that Southern Star will suddenly become a concerned corporate citizen.
Installation of the two proposed above ground pipelines on land that is even closer to our building than the current exchange device is alarming because of the negative impact to the environment, concern about the safety of our employees and neighbors and the noxious odor emitted when pressure builds or the lines are bled.
T-Mobile respectfully requests that the Lenexa Planning Commission
recommend to the City of Lenexa denial of Southern Star’s application for its Special Use permit.
Thank you for the opportunity to express our concern and opposition to Southern Star’s application for a Special Use Permit.
Respectfully,
Arlene Whittle
Facility/Security Manager T-Mobile USA, Inc.
Lenexa Call Center Enclosure
Exhibit A
EXHIBIT A Photo taken July 9, 2008 of existing Southern Star Central Gas
Pipeline site located approximately 97
thand Renner Blvd.
Rusted fence with
broken braces Broken or missing
wire mesh fencing Discarded rusted pipe
Oil stained ground, weeds within fence, bare ground without gravel covering Weeds and debris
within fence
September 4, 2008
City of Lenexa Planning Commission
12350 W. 87th Street Parkway Lenexa, Kansas 66215-2882
Re: Statement in Opposition to Pending Application for Special Use Permit Applicant: Southern Star Central Gas Pipeline, Inc. (Southern Star) File: SU 08-10 & 11
Planning Commission Meeting Date: September 8, 2008 Dear Ladies and Gentlemen:
U.S. Central Federal Credit Union (U.S. Central) respectfully submits the following comments in response and opposition to Southern Star’s pending application to construct and install two (pig) launcher devises over the underground natural gas easements located adjacent to Renner Boulevard at 95th Street (the Application). The Application has been set on the Planning Commission schedule for September 8, 2008. U.S. Central is opposed to the expanded use of the existing easement and to the location of the two proposed launchers upon the easement on U.S. Central’s property.
U.S. Central is the wholesale financial center for the nation’s corporate credit unions. Founded in 1974, U.S. Central is owned and directed by its member corporate credit unions, in the tradition of the cooperative credit union spirit. As the “credit union for corporate credit unions,”
U.S. Central exists solely to assist them in serving 8,400 credit unions across the country.
Currently, U.S. Central’s assets total approximately $49.1 billion. U.S. Central provides members with extensive investment, liquidity, and cash-management products and services; risk- management and analytic capabilities; settlement, funds transfer and payment services; and safekeeping and custody services.
In 2002 U.S. Central purchased 13 acres of property and constructed its headquarters at 9701 Renner Boulevard, in the Renner Ridge Corporate Center along Lenexa’s “Smart Corridor.” A major factor influencing U.S. Central’s decision to relocate its national operations from Overland Park to its current home was Lenexa’s “Smart Corridor” vision for Renner Boulevard and the related Class ‘A’ status of the Renner Ridge Corporate Center office park. U.S. Central purchased its property and built its headquarters along Renner Boulevard as an investment, with the expectation that the property value would increase.
U.S. Central purchased its property in 2002 subject to a right-of-way contract executed by W. H.
Scherman on August 9, 1928 and right-of-way agreement executed by Rosedale Development Company on September 1, 1954 to Cities Service Gas Company (collectively, the “Easements”).
Southern Star has represented to U.S. Central that it is the successor in interest to Cities Service Gas Company. The Easements permit the holder to install, maintain and operate underground
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natural gas lines and an exchange station located on the extreme northwest edge of the property.
The Easements did not expressly entitled the gas company to construct, maintain and operate anything more than those underground pipelines and the related exchange station. Now Southern Star seeks to drastically expand the use of the Easements to construct two very large, above- ground (pig) launchers upon the Easements.
U.S. Central is concerned that Southern Star’s proposed installation and operation of large, above-ground launchers will pose a safety hazard to U.S. Central and its neighboring property owners, as well as the general public using Renner Boulevard immediately adjacent to the Easements and the public sidewalk on the east side of Renner Boulevard that passes through and over the Easements. As proposed by Southern Star, the above-ground launchers would drastically expand the natural gas equipment that would sit above ground and immediately adjacent to traffic along Renner Boulevard. In U.S. Central’s opinion, the immediate proximity of the proposed launchers to that major, premier thoroughfare would seemingly pose unacceptable increased risk to U.S. Central, its neighbors and the general public, and therefore should be not be permitted. If the Planning Commission nonetheless is inclined to recommend that the City of Lenexa grant Southern Star’s request to expand the use of the Easements to construct the launchers immediately next to the Boulevard, U.S. Central urges the Planning Commission to require that Southern Star include extensive safety measures that will protect the public using Renner Boulevard and the adjacent public sidewalk. Those safety measures should also address and mitigate any risk to the public and U.S. Central posed by and during the construction of the launchers.
U.S. Central also is concerned with the potential increase in odor that could emanate from the above-ground launchers. There already is a strong odor that is periodically emitted from the existing gas exchanger. On a couple of occasions the Lenexa Fire Department has been called to investigate that odor. U.S. Central’s employees also have noticed and complained of the odor from the gas exchanger. If the noxious odor increases in proportion to the proposed expansion of above-ground natural gas equipment, U.S. Central is concerned with the potential negative impact on its employees and its ability to fully occupy and use its headquarters. If the presence or operation of the proposed launchers causes U.S. Central employees become ill or if they are forced to leave the area and U.S. Central is forced to cease operations at its headquarters, the possible loss of productivity is calculated to be between $1.25 million to $3 million per day, according to U.S. Central’s 2006 Business Operation Risk Assessment.
It is our understanding that there are currently no above-ground natural gas (pig) launcher sites in Lenexa. Southern Star’s pending Application is for two such launchers within the Class ‘A’
Renner Ridge Corporate Center office park. According to information shared with U.S. Central to date, however, there is only one natural gas pipeline that originates at the Renner Boulevard location. If the second pipeline originates elsewhere, U.S. Central questions why a second launcher is needed or appropriate at the proposed location. U.S. Central also has not received any explanation to date as to why the Renner Boulevard location is the only place the launchers can be placed and maintained by Southern Star.
There are no natural gas (pig) launcher sites in Johnson County that will resemble the proposed Renner Boulevard launcher site. Southern Star has indicated that the closest launcher site in Johnson County is at Johnson County Community College (JCCC). However, Southern Star has indicated that, unlike the JCCC location, extensive security fencing with gates will be needed in order to maintain appropriate security at the proposed Renner Boulevard location, in part due to the close proximity of that site to both Renner Boulevard and 95th Street. U.S. Central believes the launchers should not be located in a high consequence area.
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U.S. Central has additional concerns about the aesthetics and ongoing maintenance of the proposed launchers. Today, Southern Star Central is not satisfactorily maintaining the existing gas exchanger site. As shown in the attached photo of that exchanger taken on July 7, 2008, there are broken, rusted fence rails, weeds growing within the gravel, bare ground with no gravel and visible oil stains, extra pieces of rusted pipe on the ground within the fence, and other miscellaneous trash and debris within the area to be maintained by Southern Star. Simply put, Southern Star’s track record in maintaining the existing exchanger within the Easements has been dismal. The two proposed Southern Star launchers will ten times as large as the exchanger. If Southern Star is permitted to install and operate the proposed above-ground launchers and related fencing, and then merely maintains them at the same level or to the same degree that it has maintained the exchanger, Renner Boulevard, U.S. Central and its neighboring property owners will all be negatively impacted. Such a use of the Easements simply is inconsistent with Class ‘A’
image of the Renner Boulevard “Smart Corridor” that the City of Lenexa, U.S. Central and its neighboring property owners all desire. U.S. Central hopes that Southern Star, as user of the Easements, will share that vision and desire, but their use of the Easements to date has proven otherwise.
To protect the image of Renner Boulevard, the Renner Ridge Corporate Center office park, and U.S. Central’s headquarters within that office park, if the Planning Commission is inclined to recommend that the City of Lenexa grant Southern Star’s request to expand the use of the Easements to construct and operate the above-ground launchers, U.S. Central urges the Planning Commission to require that Southern Star construct and maintain the proposed launchers to minimize their negative aesthetic impact. If the two launchers must be constructed and maintained in the Easements, and can not be relocated to a less prominent area, then U.S. Central suggests that Southern Star be required to use appropriate construction, fencing, screening, berming, embankments and landscaping materials consistent with a Class ‘A’ office park.
Southern Star should also be required to maintenance the proposed launchers at that same high level of care and attention, not at the current level of inattention it devotes to the existing exchanger. To date, Southern Star has made no such proposal directly to U.S. Central. We are not aware of any expression of commitment from Southern Star to the City of Lenexa or any other party to that effect.
To the contrary, it appears to U.S. Central that Southern Star is seeking to use more than the Easements during the proposed construction of the launchers. From the general drawing provided by Southern Star to U.S. Central on August 18, 2008 (see attached), it appears that Southern Star is seeking to use U.S. Central’s property adjacent to, but outside of, the Easements during the construction process, thereby impacting U.S. Central’s parking lot and potentially damaging various shade trees, evergreens, ornamental grasses and sod that U.S. Central has planted and maintained on its property adjacent to and outside of the Easements (see attached drawing prepared for U.S. Central by George Butler Associates, dated August 22, 2008). From the drawing presented by Southern Star to U.S. Central on August 19, 2008, to date, Southern Star has made no proposal to U.S. Central on how Southern Star will mitigate or remedy that potential damage. U.S. Central opposes any use of its property by Southern Star outside of the Easements.
Finally, U.S. Central has been informed that technology exists that would permit Southern Star to utilize a temporary launcher in lieu of the proposed permanent solution. Those temporary launchers would eliminate the permanent above-ground piping and the resulting negative impact to U.S. Central, the Renner Ridge Corporate Center office park, and the Renner Boulevard
“Smart Corridor” while permitting Southern Star to periodically test and maintain the safety of its
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natural gas pipelines. U.S. Central strongly urges the Planning Commission to explore this far less invasive option with Southern Star.
Thank you for the opportunity to express our concerns and opposition to the proposed expanded use of the Easements. We appreciate your time and attention to this matter.
Respectfully,
Penny Grossenbacher
Director, Facilities Management
& Office Services
Enclosures
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