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In excess of three hours of public comment was chalked up, over 120 people spoke -- before the Chisago County Board discussed and then approved Wednesday night, a revised development agreement for the LS Power electric station in Lent Township.

Crowds were milling about as one-by-one citizens passed through a metal detector outside the County Board room. The hallways and conference rooms were supervised by deputies. The government center was jammed with observers looking on via closed-circuit television monitors strategically placed.

In the end, Commissioners Mike Robinson and Board Chair Rick Greene explained they were now able to vote in support of the new conditions in the agreement. The agreement was adopted 4-1 with Commissioner Lora Walker firm in her opposition.

This sends LS Power LLC to the state to apply for various utility permits.

LS Power was awaiting this vote to finalize a development agreement so it would be granted an exemption from paying personal property tax; whenever the peaking plant proposed for construction in Lent Township begins operating (2014 scheduled completion).

The roll call on the revised agreement started with Commissioner Robinson voting. Robinson had opposed the agreement two weeks earlier.

He first clarified with the county attorney that the agreement did indeed "go with the site" so LS Power couldn't sell-out and nullify any promises in the agreement, and he was assured the agreement is site specific.

Robinson also asked if there's concrete assurance there'll be no industrial use of aquifer/groundwater, forever, at this facility. He was also assured this was covered.

Commissioner Greene added he felt the re-election March 9 in Lent Township of a supervisor who had backed the agreement was a mandate. Greene said challenger Mark Koran would have ousted incumbent Mike Olson if there was truly a majority of Lent Township citizens opposed to this project.

Commissioners Ben Montzka and George McMahon were the other two votes to approve, and they had also voted in favor two weeks before.

Commissioner Walker expressed concern that the state legislature would act on a new piece of legislation currently in the House changing the "cap" on the payments in lieu of taxes allowed in the agreement. The legislature required the agreement to be adopted as a condition of the state granting the personal property tax exemption.

Senator Rick Olseen, DFL-Harris, stood and responded that this shouldn't be an issue. He said there was a cap in the bill, but the "intent" for the agreement is to allow whatever all the parties come to terms on. "If you approve the development agreement tonight, that bill (legislation HF 2681) won't move forward," Olseen added.

Walker asked County Attorney Janet Reiter if voting that night jeopardizes the agreement, in the event legislation to revise the monetary cap does pass. Reiter said she didn't come prepared with research on case law, but in general pending legislation has no legal weight until it is adopted and becomes effective.

The County Attorney also addressed a question raised in public comment on a point of Rules of Order.

Reiter said this revisiting of the agreement did not need to be brought up by the prevailing side (which would have been either Walker, Greene or Robinson two weeks ago). The March 3 motion putting a revised agreement on the agenda was made by Commissioner McMahon. This was okayed 4-1, again with Walker opposed.

The prevailing side requirement, under Roberts Rules, on motions to reconsider only is if the reconsideration is in the course of the same meeting where the action being revisited just took place, she said.

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