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No solution found for MAXX noise complaints

IRON MOUNTAIN — The MAXX Entertainment Center may go silent this summer as the owner says there’s “obviously no way to fix” conflicts over noise emanating more than 2,000 feet from the Iron Mountain facility.

Dave Fraser told the city council that a June 22 show is the last one scheduled and he’s prepared to pay fines to allow a handful of concerts “until we’re out of here.”

Fraser has yet to receive citations, but police have responded to occasional complaints including Saturday night after an officer confirmed “a pounding bass” in a residential area, City Manager Jordan Stanchina said.

Fraser, who’s operated the center at 2202 Aragon St. since mid-2022, recently blamed the city’s noise ordinance for halting plans for an amphitheater at the industrial-zoned site. On Monday, he discussed extensive efforts to better insulate the building and buffer vibrations, then voiced frustration over it not being enough. The ordinance, he complained, is “about subjective things.”

On Saturday night the music played only 24 minutes before patrons learned of the complaint and left the premises, Fraser told the council. “We’re done,” he said, revealing plans to sell the building.

The council had earlier agreed to review the noise ordinance, but the Planning Commission on March 11 made no recommendation for a change. The ordinance is “really common,” Stanchina said, and almost exactly the same as Marquette’s.

After some discussion, the council accepted the Planning Commission’s recommendation that the ordinance is appropriate in its current form — last amended in 2012.

Complaints called into the police department have come from 2,000 to 2,500 feet away from The MAXX, Stanchina explained in a memo. The nearest residential property is 928 feet away in a district with mixed zoning, while the nearest home in a residential district is 1,021 feet away.

Any noise complaints would likely come from residential areas, since music events are outside of regular work hours, Stanchina noted.

“This means from a complaint standpoint, Mr. Fraser already has 1,000 feet of buffer before anyone would complain about the music,” he said. “That seems like a more than reasonable buffer for the music to be contained within.”

During discussion, Stanchina clarified that complaints aren’t merely based on hearing music but “feeling music while you’re inside your home.”

As the council considered looking at the ordinance further, member Ken Clawson said, “It’s not so much volume as vibration,” while Pam Maule observed, “So the bass is cranked.”

Mark Wickman, the newest member of the council, wondered if they should experience the noise before making a decision. “We can’t make a judgment of what we have no idea,” he said.

Stanchina, though, said he doesn’t believe it’s a matter of residents being fussy. For instance, there are no noise complaints against Solberg’s Greenleaf on Carpenter Avenue.

In general, Stanchina said, “People don’t call until they’re at wit’s end.” Complaints against The MAXX, he added, have “only popped up the last couple months.”

Fraser said he hasn’t added speakers, “just a different type of music.” To attract clientele, he continued, he’s providing “a concert-going experience.” For major shows ahead, Fraser said he might seek permits from the city, or simply pay fines to allow the level of volume patrons want.

After Fraser told the council he was “sick of the harassment,” Alessandrini shared details of messages they’d exchanged this weekend. The mayor said he’d sought to correct Fraser after The MAXX owner had posted on Facebook, “The cops shut me down again (Saturday night).”

Upon confirming that patrons had left before police arrived, Alessandrini said he’d messaged Fraser to advise him Sunday morning not to “blame someone else when it’s not true.”

In addition to music, The MAXX hosts a diverse range of entertainment such as cornhole, comedians, professional wrestling, remote control monster trucks and an upcoming Easter egg hunt.

Some council members wondered if geological conditions are tied to The MAXX sound issues, but no conclusions were reached and no action was taken.

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