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IS THE PROPOSED
AMPHITHEATER REALLY GOOD FOR BURNSVILLE? FOR BLOOMINGTON? FOR YOU?
FOR YOUR CHILDREN?
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AFFILIATED WITH THE
BLOOMINGTON
AMPHITHEATER
COALITION
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Joe Artmann March 12, 2003
The struggle for “peace and quiet” and preserving our “quality of life” is now going on in law offices and in the courts. The City of Bloomington and the Bloomington Amphitheater Coalition/Burnsville Citizen’s Alliance for Responsible Ecology (BAC/CARE) have appealed the Dakota County District Court’s ruling that the City of Burnsville acted responsibly in it’s decision not to require an Environmental Impact Statement (EIS) for the proposed Landfill Amphitheater. This Appeal was filed Feb. 17 in the Minnesota Court of Appeals and argues that the City of Burnsville violated the Minnesota Environmental Policy Act (MEPA) and the District Court erred in its March 25, June 19, and Oct. 8, 2002 decisions. The legal issues are many but can be summarized:
1) The City of Burnsville, as the Responsible Government Unit (RGU) under MEPA, erred in not requiring the preparation of an Environmental Impact Statement. The public record shows that the Amphitheater was designed for 20,000+ people. Under MEPA, a mandatory EIS is required for outdoor venues designed for 20,000 or more people.
Will we prevail? Many of the arguments that our attorneys are raising go far beyond the amphitheater issue and to the heart of MEPA. Is this act operating as envisioned by the Legislature -- or has it become “broken” and not protecting the citizens of Minnesota from negative environmental impacts? Our attorneys feel that we have a strong case but there are no guarantees when dealing with the court system. Depending on the outcome of the current Appeal, several other lawsuits are being considered. The complete Appeal brief and many other related documents can be found on this website: To Read a Complete Copy of Legal Brief Click Here. The Q-Prime Amphitheater - Another Proposal in Scott County! The struggle for “peace and quiet” is also going on in nearby Scott County with the proposed Q-Prime amphitheater development. Residents and federal agencies have contested this proposed development too. Issues are similar to those of the Burnsville Landfill Amphitheater. Because of the controversy with the Q-Prime amphitheater proposal,
Scott County, as the RGU, has required the preparation of an EIS.
The draft EIS has been prepared but the County is waiting payment from
Q-Prime for the EIS preparation before it is released to the public for
review and comment. A meeting was held recently between Q-Prime
and Scott County representatives to work out details and schedules.
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To Read a Complete Copy of Legal Brief CLICK HERE. READ THE ACTUAL PRE-FILED TESTIMONY
OF THE BAC/CARE ACOUSTICAL CONSULTANT AT THE METROPOLITAN COUNCIL HEARING.
IT CLEARLY SUPPORTS OUR CASE
TO READ TESTIMONY ON THE THE BAC/CARE
SOUND DEMONSTRATION
TO READ TESTIMONY ABOUT THE NEGATIVE
IMPACT OF NOISE ON HUMAN BEINGS
TO READ AN ELABORATION OF THE
SOUND DEMONSTRATION ISSUES
TO READ TESTIMONY ON HOW THE AMPHITHEATER
WOULD IMPACT HUMAN USAGE OF
TO READ RESIDENT TESTIMONY ON
PERSONAL IMPACT
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Click Here: Review of Amphitheater Issues
Click
Here: Review Letters Sent to the Administrative Law Judge
THE METROPOLITAN SIGNIFICANCE REPORT Are we winning or losing?
By now you have heard that the Metropolitan Council has decided that the Burnsville amphitheater is not of a "Metropolitan Significance". This decision is understandable if you realize that it was a political decision, not a logical one. MASS MEETING IN BLOOMINGTON FIRE HALL
Citizens Respond to Amphitheater Threat [October 10, 2001] In the wake of the Metropolitan Council mediation impasse, over 300 Bloomington residents rallied in opposition to Burnsville's Black Dog Amphitheater project at a Bloomington Fire Station. At a standing-room-only meeting -- called by the Bloomington Amphitheater Coalition (BAC), an active group of citizens opposed to the amphitheater project -- discussion ranged across a number of issues and anticipated problems associated with the project. PROPOSED BLACK DOG AMPHITHEATER MEDIATION ENDS [October 2, 2001] The Metropolitan Council mediator, Roger Williams, declared an impasse between the parties involved in the Black Dog amphitheater mediation process. The parties had been meeting for over a year trying to solve primarily the noise issues. The impasse was reached after the citizen groups, Bloomington Amphitheater Coalition (BAC) and Burnsville’s Citizens Alliance for Responsible Ecology (CARE) presented their revised mediation proposal. The two groups had reduced their July 26th mediation proposal from 42 items of concern to 16 issues. The issues included maximum amphitheater noise levels, crowd size, operating hours, acceptable performer language (profanity and obsenity), and legal liability/lawsuits. AN AMPHITHEATER SOUND DEMONSTRATION HAS NEIGHBORHOODS “ROCKING & ROLLING”
Click
Here to Read more of what residents say about the demonstration
Taxpayers League Awards "Boondoggle of the Month"to the Black Dog Amphitheater Project! |
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Here are some views of the flooded amphitheater site click here EAW COMMENTS!
Comments from agencies such as the Metropolitan Council, Fish and Wildlife, DNR, and others were critical of the Environmental Assessment Worksheet, also vindicating our past positions. These comments, IN THEIR ENTIRETY, are on this web site -- see the comment index below to review them for yourself. Individual EAW comments have been generously submitted by their authors -- we thank them very much for their efforts on behalf of all of us. Comments or questions?
Click Here to View an Index of EAW Comments Click Here to View EAW Comments from individual citizens Click Here to Review DNR - BURNSVILLE Letters Regarding illegal Diking Click Here to go to the INDEX OF DIKE/LEVEE CORRESPONDENCE Click Here to Find and Contact Your Senators and Representatives Click Here to Read an Open Letter to Jesse Ventura About the Amphitheater |
Burnsville, Minnesota 2006
