City Council Approves Amended 28E Agreement Amid Heated Debate

Oskaloosa, IA – The Oskaloosa City Council approved the amended 28E agreement with the City of Pella for the South Central Regional Airport during its December 16 meeting. The contentious decision reflects the Iowa Supreme Court’s 2022 ruling and Mahaska County’s withdrawal from the original agreement.

The resolution passed narrowly, with a 4-3 vote, following extensive public comments and council discussion. Mayor Dave Krutzfeldt outlined the changes in the amended agreement, noting that it “reflects the Iowa Supreme Court ruling” and Mahaska County’s departure. He emphasized that the revised agreement requires approval from both Oskaloosa and Pella’s city councils before significant steps, like land acquisition or construction, can proceed.

Changes to the Agreement

Key changes included in the amended agreement:

Both cities now have equal representation on the governing board, with three members each.

Expenditures for the project are shared equally, with each city responsible for 50%.

Any decisions regarding eminent domain or land acquisition require prior approval from both city councils.

A more comprehensive list of changes is available at the bottom of this article.

“The amended agreement is a reflection of the current state of affairs, bringing the project in line with the Supreme Court ruling,” said Council Member Bob Drost. He highlighted the importance of maintaining flexibility for future development, even if the project is currently on hold.

Public Concerns

The meeting saw passionate input from residents. Some raised concerns about property rights and the project’s impact on local landowners. Nick Ryan, a Ward 3 resident, stated, “Progress is essential to any community, but progress that disregards the rights of the people it seeks to serve is not progress at all.” He urged the council to reject the agreement and withdraw from the South Central Regional Airport Agency (SCRAA).

Other speakers voiced skepticism about the project’s viability. “This has been going on for 25 years, with no construction to show for it,” said one Mahaska County resident.

Divided Council

The council was deeply divided. Council Member Charlie Comfort expressed concerns about the lack of public support and transparency. “I think we need to put this project behind us and move forward. We have bigger, more pressing issues in this community,” he said, referencing housing shortages and the city’s $70 million wastewater project.

Despite the opposition, proponents argued for preserving future options. Drost emphasized the economic potential tied to infrastructure projects, stating, “Are we going to build an airport? I don’t know. Should we leave all our options open? I believe so.”

Moving Forward

The amended agreement does not guarantee the airport’s construction but ensures the SCRAA remains operational, allowing both cities to hold assets and address legal obligations. Mayor Krutzfeldt clarified that the city’s approval does not waive its right to pursue damages from Mahaska County for breaching the original agreement.

The debate reflects ongoing tensions between progress and preservation in Oskaloosa. For now, the council’s decision maintains a path forward for the regional airport project, even as challenges remain.

Key Differences between the old and new 28E agreements.

Mahaska County Withdrawal:
Old Agreement: Included Mahaska County as a third party in the partnership.
New Agreement: Mahaska County has officially withdrawn from the agreement following the Iowa Supreme Court ruling in June 2022.

Cost Allocation:
Old Agreement: Costs were allocated with Oskaloosa responsible for 40% and Pella for 60%.
New Agreement: Costs are now split evenly between the City of Oskaloosa and the City of Pella (50% each).

Representation on the Governing Board:
Old Agreement: Mahaska County was entitled to one representative on the governing board, with Oskaloosa having two representatives and Pella three.
New Agreement: Without Mahaska County, representation is evenly split, with both Oskaloosa and Pella having three representatives each.

FAA Requirements for Sale Proceeds:
Old Agreement: Provisions regarding the potential FAA-mandated reinvestment of proceeds from the sale of existing airport facilities were included but specified in broader terms.
New Agreement: Clarifies that proceeds from any required sale by the FAA will be reinvested only in accordance with the parties’ respective financial percentages under the new agreement.

Voting and Decision-Making:
Old Agreement: Required five members (a majority, including Mahaska County’s representative) to approve critical financial and policy matters.
New Agreement: Now requires four members for such approvals, reflecting the reduced size of the governing board.

Withdrawal and Termination:
Old Agreement: Included a termination provision that was ruled unconstitutional by the Iowa Supreme Court.
New Agreement: Excludes the unconstitutional termination provision, aligning with the court’s ruling.

Site Location:
Old Agreement: Required the airport site to be within 10 miles of the corporate limits of Oskaloosa and Pella.
New Agreement: Maintains similar location requirements but specifies that any changes to the approved site require approval from both city councils.

Budget and Financial Planning:
Old Agreement: The annual operating budget and capital improvement plans required approval from all three parties.
New Agreement: Budgets must now only be approved by Oskaloosa and Pella’s city councils.