10/27/2023
In May of 2023, the Oskaloosa City Council including Bob Drost, Steve Burnett and Joe Caliguri (who are all running for re-election on November 7), under the leadership of Mayor Dave Krutzfeldt (also running for re-election November 7) and City Manager Amal Eltahir voted unanimously to remove an article in the city's charter that guaranteed Oskaloosa residents the right to submit proposed ordinances to city voters in an election.
The vote took place at a regular city council meeting and attracted a crowd of onlookers in opposition to the motion. The amendment, which removes Article VI from the city’s charter titled "Initiative and Referendum" removes a possible method that citizens could use to block a proposed airport.
The City of Oskaloosa says it plans to annex the 379 acres of land it owns jointly with the City of Pella near Leighton, purchased for the proposed South Central Regional Airport.
Article VI guaranteed Oskaloosa residents the right to present ordinances to city council, require a reconsideration of passed ordinances, and submit proposed ordinances to city voters in an election.
City council announced its plans to amend the charter after Oskaloosa resident Alicia Helm attempted to exercise the right under the charter by submitting a proposed ordinance to bar the city from constructing a new airport without first submitting the issue to a vote in a city election. The proposed ordinance would also require that the city withdraw from the South Central Regional Airport Agency, or SCRAA, and sell any property it owns related to SCRAA to the highest bidder. In an unrelated manner, the ordinance would also call for A Avenue/Highway 92 and Market Street/Highway 63 to be converted back to four lanes.
The council heard multiple public comments from people protesting the amendment as a violation of their constitutional right to petition their government for a redress of grievances, including an owner of land that will be affected if the annexation moves forward.
“Our farm was purchased in 1881. It was intended to be passed on to future generations,” said Sandra Rempe, of Kirksville, Missouri, who owns a portion of the land proposed as the site for the new airport. The airport site includes three century farms and one heritage farm.
Rempe listed some of main issues she has with the proposed annexation.
“In the very beginning of the idea for a new airport, why weren’t the people in Mahaska and Marion counties asked if they wanted to sell the property? I could find no record of people ever being asked if they wanted to sell,” Rempe said. “It seems like the City of Oskaloosa is trying to build an airport that’s going to mostly be for people at Pella, and it’s going to be on Mahaska County land.”
Rempe went on to say that an issue of this magnitude and cost should go before Oskaloosa residents in an election.
“Whether that’s by eminent domain or annexation — I don’t think annexation is any better than eminent domain — I don’t believe anybody would want that to happen to them," she said.
Helm, who first notified the city she would be requesting signatures for a petition needed to bring a proposed ordinance to council to block the airport project, agreed.
“The city charter provides a process for Osky voters to petition the government for a redress of grievances,” Helm said. “Repealing those provisions is a direct attack on my First Amendment rights and those of every Osky resident.”
The council has stated that conforming with Iowa Code is the driving force behind their decision to amend the city’s charter, citing a 1995 court case "City of Clinton v. Sheridan,” which debated the legality of "Initiative and Referendum," as one of their reasons to remove the article. However, when “Clinton v. Sheridan” ultimately came before the Iowa Supreme Court, the justices ruled that "Initiative and Referendum" is legal under home rule.
“It was suggested that the reason for the repeal was over concerns that 'Initiative and Referendum' might not even be legal,” said Oskaloosa resident Nick Ryan. “I can assure the council that the only part of its 'Initiative and Referendum' provisions that are unlawful or unconstitutional are the requirements imposed above and beyond those specified by state law.
“The Iowa Supreme Court has on multiple occasions firmly upheld 'Initiative and Referendum' for cities governed by home rule charter,” Ryan added, pointing to the supreme court’s decision in “Clinton v. Sheridan.”
In the end, council voted unanimously to remove Article VI, “Initiative and Referendum,” from the city’s charter and waived the third and final reading that would normally be required for the action.
City officials made no comment concerning this action.
OSKALOOSA — Oskaloosa City Council has voted for a second time to remove an article in the city's charter that guaranteed Oskaloosa residents the right to submit proposed ordinances to
