It appears that Administrative Law Judge Klein, who will conduct the Hearing, is environmentally friendly and fair.   He realizes that citizens are concerned about their homes, property values, and environment.

BAC & CARE would encourage everyone to testify and give your honest and candid comments.   The Met Council wants your opinion on the proposed amphitheater and how you think you or your property will be affected.   Individual testimony will be presented orally or written.   Oral testimony will be recorded and limited to 5 minutes.   This will be your ONLY chance to present oral testimony.   Written testimony should be sent by Nov. 19 to:
Judge Allan Klein, Minnesota Office of Administrative Hearings,
100 Washington Square, Suite 1700, Minneapolis, MN 55401

Testimony can address noise impacts on you, your quietude, quality of life, health, property values, enjoyment of the out-of-doors, wildlife watching & photography, bird watching, etc..

 The “metro significance” issue before the Met Council states in Subp. 4 “ a proposed project affecting a local government unit has metro significance if it: A) May have a substantial physical effect on a local government unit other than the local unit in which the proposed unit is located.   More specifically….if it adversely affects existing or proposed land use or development….with respect to traffic, storm water runoff, groundwater pollution, air or noise pollution, increased security needs (police, fire) or other similar impacts.”

The Minnesota Pollution Control Agency has stated, “Noise is a pollutant.”    Furthermore, in Subd. 16, it states “Noise pollution” means the presence in the outdoor atmosphere of any noise…at such levels, of such nature and duration…as could potentially be injurious to human health or welfare, to animal or plant life, or property, or could interfere unreasonably with the enjoyment of life, or property.”

Both the sound studies prepared so far have not been conducted during the amphitheater concert season (May 15 to September 15).   One was done in January 2000; the other in November 2000.   There are many shortcomings to both studies.   However, both studies have stated that Minnesota noise standards will, during worst case conditions, be exceeded.    Worst case conditions are loud music, large crowds, south winds, and temperature inversions.   There is a good likelihood that the sound consultants have underestimated or minimized the occurrence of worst case conditions.   BAC & CARE feel that it imperative that a sound study be conducted under summertime concert conditions to understand accurately the sound propagation characteristics.

BAC & CARE offered to fund and conduct a summer sound study but were denied access to the amphitheater site by landowner, Richard McGowan.  The developer, Rose Wild LLP, said they would not recommend to the landowner that we be allowed access to the site.  The Met Council refused to get involved.    With no access to the property, BAC & CARE terminated plans for a summer sound study.

Because of resident requests, BAC & CARE subsequently decided to conduct a 2.5 hour amphitheater sound “demonstration” September 9, 2001 in an attempt to simulate amphitheater sound levels.   The “demo” broadcast sound at about 95 decibels.    The January 2000 sound study broadcast music for 5-minute durations at 105 dBA; the November 2000 sound study used a “cannon” to generate 130 dBA.    [For every 10 dBA increase, sound levels are doubled.]   None of these noise propagators incorporated “amphitheater crowd noise” which can significantly exceed music noise in loudness but is not controllable.   Such crowd noise tends to be spontaneous, irregular, and erratic.

Weekday amphitheater concerts are scheduled from 8-11PM but sound equipment setup and testing generally start about noon.   Weekend concerts could start anytime.   35 concerts are predicted each season though there is no maximum number stipulated.