City of Kirkwood acknowledges Vianney had permits for the field project and approval to install lights. Dear Vianney Family: This letter provides information regarding the Vianney athletic field issues that have received some coverage in the media and recently was addressed in a communication posted by the City of Kirkwood on its web site. Vianney’s goal is to keep you informed of the details of this situation. St. John Vianney High School respectfully acknowledges the City of Kirkwood’s recent letter outlining the City’s comments regarding the renovation of Vianney’s athletic field. Vianney appreciates that the City of Kirkwood has recognized in the City’s letter that the City determined that Vianney did not need a variance from lighting requirements and that the City approved the lighting plan. Of key importance: at present the City will not allow Vianney to use the installed lights at the level of illumination that was approved, saying now that the City made the approval in error. As the City’s letter states, the majority of issues with the project have been addressed by the parties involved. Nevertheless, Vianney believes several statements in the letter need further clarification and that the remaining concerns are field lighting, sound system and tree removal. FIELD LIGHTING Vianney sought and received approval from the City for its lighting system before the lights were installed. As background, Vianney followed all procedures outlined by the City to Vianney with regard to lighting. Prior to construction, Vianney representatives asked the City if field lights were a permitted use under applicable provisions of the Kirkwood Code and Vianney was told by the City representative that they were. This was confirmed by the City in its recently published letter. As such, this is NOT an issue as to whether Vianney can have lights on its field, but is rather an issue of the amount of light that can be projected past the property line. Vianney engaged MUSCO Lighting, a nationally recognized sports field light company to complete a lighting design that among other requirements, allows for safe visibility during night games. MUSCO Lighting was concerned that the light design could not conform to City ordinance regarding light spillage past the property line. Accordingly, Vianney submitted an application for a variance from the City with respect to the light design and paid the required $500 fee. A complete lighting plan and a photometric plan were included in the submission.
Following submission of the variance application, Kirkwood city staff members and the Kirkwood city attorney informed Vianney that a variance was not required, returned the $500 fee and stated Vianney could proceed with the lighting. The City followed up this approval with an email stating “Please accept this email as official record. Please proceed forward with the project.” Further, a packet containing the lighting plan, warranties, and site drawings, was hand delivered to the City by Vianney in connection with a building permit request. On October 15, 2015, Vianney received a building permit issued by the City to install the lights. After receiving the approval and permit, Vianney installed the lights. Vianney would never have knowingly installed the lights absent such approval and permit. Throughout the entire lighting process Vianney relied on the guidance and approvals from the City. The City does not deny that it had responsibility in this matter. Vianney finds it unacceptable that the City gave approval to install the lights, now admits that it made mistakes but in hindsight, will not tolerate any violation of its codes. That means Vianney may not use the lights as Vianney intended, after lights were approved by the City, and installed at considerable expense. The use of the lights is essential to the planned economic operation of the field. Per the City’s request, Vianney has not used the lights while the parties continue to work through this process. Vianney continues to try to find a reasonable compromise with the neighbors and the City that is respectful of the neighbors while providing a safe facility for its students and the community. Vianney wants to forge a resolution with our neighbors and the City that will be reasonably acceptable to all. Vianney realizes that this will require compromises from all sides and is willing to implement reasonable limitations on the use of the lights. SOUND SYSTEM In a letter dated March 22, 2016, the City acknowledged that Vianney is allowed to use the sound system within the limits of Kirkwood Code Sections 17-‐36 and 17-‐37. Vianney has and will continue to honor those provisions when using the system. Vianney recently took steps to reduce the amount of sound projected toward the neighboring property by both turning down the volume and redirecting the speakers. Vianney believes that a reasonable solution can be reached that balances both Vianney’s use of its property for activities for its 600+ students and the privacy of its neighbors. TREE REMOVAL It is unfortunate to see a loss of trees. Vianney only removes trees when necessary. In fact, Vianney has planted more new trees on its campus than it has removed in the last several years. Vianney did not seek to have trees removed near the athletic field because they interfered with the design of the field. Rather, the trees were
removed because Vianney was required by the City to move an existing waterline that ran under right field. The movement of this line was due to its depth and the resulting inability to properly service the line by the City in the event of a problem with the waterline. The removal of the trees and subsequent grading of the area where the trees were located was part of the grading permit approved by the City in March of 2015. Vianney’s contractor only proceeded with the tree removal after having a permit from the City in hand. Moreover, Vianney is ready and willing to plant trees according to the landscape architect’s plan upon receipt of approval from the City to do so. NEXT STEPS Vianney has been a good neighbor and good member of the Kirkwood community for over 56 years. Vianney has invested more than $15 million in improvements to the campus over the past 10 years—all with appropriate permits and approvals from the City for each project. This renovation of the athletic field is no different. Regardless, Vianney remains more than willing to compromise in coming to a resolution that is satisfactory to all parties. Vianney has the expectation that the City will hold itself to a high standard of accountability as the citizens of Kirkwood would expect and provide an acceptable remedy as a result of the City’s mistakes. As always, I am available to you for questions or comments. Vianney will continue to keep you apprised of the issues associated with the athletic field. Sincerely, Michael Loyet ‘77 President