The conditions include requiring the amphitheater meet state sound statutes, that attendance not exceed 20,000 and that an 11 p.m. curfew be set for all events. The $10-million, 19,500-seat is the center of controversy, especially among residents of nearby Bloomington, MN, who fear the amphitheater will generate unwanted noise and air pollution and traffic congestion.

The review committee held a formal public hearing last month to determine whether the proposed amphitheater could have a "substantial adverse physical effect on existing or proposed land use or development" in the city of Bloomington with respect to noise pollution. The developer, Rose Wild LLC, a joint partnership between the Minnesota Wild professional hockey and concert promoter Rose Presents, has testified it would be willing to adopt additional controls, and the agreement would make that an enforceable promise, according to the Council. With these controls in place, together with the BurnsvillePlanned Unit Development and state noise standards, the council concluded the proposed project would not have a substantial impact on Bloomington residents.

Opponents of the project, including the city of Bloomington and citizen groups, are expected to fight the project in court.