Re: Metropolitan Significance Hearing on Burnsville Amphitheater

Dear Judge Klein,

I would like to point a few observations about the proposed Burnsville amphitheater proposal.

Conflicts of interests

1]. Ted Mondale has recused himself from this Metropolitan Significance [Met Sig] issue on the Burnsville amphitheater. The Strib reported that he belonged to a “Birthday Boys Club” and travels with Mike McGowan, the amphitheater’s landowner. Under these circumstances his decision to recuse himself is certainly the right thing to do.
He was, however, the Chairman of the Metropolitan Council when Burnsville’s Comprehensive Plan was approved. That plan authorized the amphitheater site in its present location.
 

I’m not saying that Mr. Mondale did anything wrong, I’m simply pointing out that an undisclosed conflict existed at the time Burnsville’s Comprehensive Plan was approved by the Met Council.

 
 Nothing wrong, of course, with the concept of a “public-private partnership”, however with this partnership there is a problem, a very big problem.

Burnsville is the “Responsible Government Unit” [RGU]. It is responsible for approving all of the major building permits, zoning changes and environmental requirements.
Burnsville, the developer, is in a position to approve it’s own development project.
In other words, Burnsville, the RGU designated to protect the public interest, approved it’s own project. The adverse consequences of this conflict show up throughout the process.
 

Sound Study

1]. The existing sound studies have been conducted in winter conditions, and not during concert hours. The most irritating part of a concert, the crowd noise, was not considered because, they said, it is too hard to measure.

2]. Two attempts to do a proper study, during the summer were stymied by Richard McGowan, the landowner. He would not permit access to his property for the tests. One test was attempted by the sound consultant for the City of Bloomington, the other was an attempt by the neighborhood group, Bloomington Amphitheater Coalition [BAC].

3].Unable to do a scientific sound test on the amphitheater site, BAC held a sound demonstration to illustrate a real life sound annoyance.

4].This sound demonstration illustrated two things :
 

 One. Noise that did not violate the State Noise Standards was disturbing to very large numbers of Bloomington citizens. Bloomington’s 911 lines were clogged during the demonstration with angry residents complaining of the noise.

Two, That a controlled scientific noise test, using real music, played in actual summer conditions, during actual concert times is necessary to get accurate information on the real life consequences of building and amphitheater so close to two major metropolitan areas.

5]. Expensive consultants with sophisticated computer models are still not good enough to accurately convert wintertime sound measurements into a summertime sound test.

6]. I understand that one such consultant is going to say that the because summertime temperature inversions are at bluff top level that they will actually protect Bloomington residences from the amphitheater sounds. This kind of silly talk can be easily dispelled with an actual summer sound test.

7] . On certain nights every bluff homeowner has heard men talking to each other on the river barges that are about ½ mile away.  Perhaps you have experienced the same thing on a quiet night at the lake.

8]. Even the developers’ flawed sound study states that they will occasionally violate State Noise Standards. By this admission, they need to obtain a noise variance from the MPCA, a variance they do not plan to get.

Summary

The developer, backed up by expensive consultants and a sophisticated computer model says that we will rarely hear 20,000 screaming fans, and a rap band using 200,000 watts of amplified power. Common sense, and our experience with the folks talking on the barges, tells us that this is not true.

Building an amphitheater between two large cities has the potential to adversely affect the quality of life for many people for years to come. If there are any errors here, let them be on the side of caution.

Please recommend to the Metropolitan Council that the developer should hold a summer sound test, and that it obtain a noise variance from the MPCA.

Sincerely,

(Name Withheld For Privacy)