Voters to decide Cabela's land question Tuesday

Opponent says some may be confused by ballot grammatical error

By Scott Aust, Journal staff | Monday, September 17, 2007

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A "YES" vote is for the approval of the portion of the Resolution allowing the land to be transferred for economic development purposes.

A "NO" vote is against the approval of the portion of the Resolution preventing the land from being transferred for economic development purposes.

RAPID CITY -- Today voters will finally decide whether the city should offer 30 acres of land as an incentive to bring outdoor outfitter Cabela’s to Rapid City. 

If approved, 30 acres of land north of Interstate 90, where the Black Hills Visitor Information Center sits, would be transferred to the Rapid City Economic Development Foundation, which then would transfer the land to Cabela’s.

If rejected, the land won’t be transferred, and Cabela’s officials indicated it may not be economically feasible for the company to build a store here unless some other financial incentive is offered.

Though it may seem clear to most voters what a “yes” or a “no” vote means, Don Frankenfeld, a member of the “No Free Lunch” committee, which opposes the land transfer, said Monday the ballot contains a grammatical error that could confuse some voters. 

The ballot indicates a “yes” vote is “for the approval of the portion of the resolution allowing the land to be transferred for economic development purposes.”

But the “no” language says a “no” vote is “against the approval of the portion of the resolution preventing the land from being transferred for economic development purposes.”

Frankenfeld said in reality, a "no" vote is against allowing the land to be transferred, and there is no resolution preventing the land from being transferred.

After all the argument and debate about the issue, Frankenfeld expects most voters to realize that a “no” vote is against the land transfer, not against preventing the land transfer.

“Still, the ballot language is both ungrammatical and wrong in substance, and the calls I received over the weekend from confused voters suggests that the error may be consequential,” he said. “Voters who oppose the Cabela's land giveaway should vote "no," even though the confusing double-negative ballot explanation seems to contradict that."

City Attorney Jason Green disagrees that the ballot is wrong.

“In my mind, there’s nothing wrong with the language,” he said. “If you read the recitation of what a no vote is, and that’s the only thing you look at, I understand how you get to where Mr. Frankenfeld feels it’s ambiguous.”

However, Green said the ballot contains a full explanation of the issue, including the end result of either a yes or no vote.

The explanation states the city will be permitted to transfer the land if voters approve, and the city will not be permitted to transfer the land if the resolution is defeated.

“If anyone is confused, that’s what the explanation is there for,” Green said.

Green questions the timing of the issue, considering that Fred Weishaupl, another member of the “No Free Lunch” committee, was provided a copy of the ballot language on Aug. 15.

“They’ve had well over a month to bring this up if they truly thought it was confusing,” Green said. “The fact that they’re doing it the day before the election is curious.”

Green said it’s clear that a “yes” vote supports Cabela’s, a “no” vote opposes Cabela’s. He doesn’t believe any real danger exists of skewed results.

Cabela’s wants to build an 80,000-square-foot store less than a mile west of Visitor Information Center as part of a larger Foursquare Properties retail center on 67 acres near Dyess Avenue and East Mall Drive.

The land transfer was part of three agreements the city council approved in June as an incentive package to lure Cabela’s to Rapid City. Other parts of the incentive package included $2 million in economic-development funds and moving the VIC inside the new Cabela’s.

Those agreements are not part of the special election, and moving the VIC is off the table entirely since Cabela’s officials told the city the company would deed back the building and about three acres of surrounding land to the city.

Polls will be open from 7 a.m. to 7 p.m. today.

Contact Scott Aust at 394-8415, or scott.aust@rapidcityjournal.com

Polling places for Tuesday’s special election. Polls are open from 7 a.m. to 7 p.m.

Ward 1

Precinct 1: First Assembly of God Church, 4905 S. Hwy 16

Precinct 2: Rapid City Christian High School gym, 1210 E. Fairmont Blvd.

Precinct 3: Grandview School, 3301 Grandview Drive

Precinct 4: Walter Taylor 4H Building, Fairgrounds, 601 E. Centre St.

Ward 2

Precinct 1: Rapid City Public Library, 610 Quincy St.

Precinct 2: Valley View Elementary School, 4840 Homestead St.

Precinct 3: Walter Taylor 4H Building, Fairgrounds, 601 E. Centre St.

Precinct 4: South Middle School, 2 Indiana St.

Precinct 5: Valley View Elementary School, 4840 Homestead St.

Ward 3

Precinct 1: Jackson Heights Highrise, 1805 West Fulton.

Precinct 2: Red Rock Meadows Home, 6934 Cog Hill Lane

Precinct 3: Westside Baptist Church, 4024 Sheridan Lake Road

Precinct 4: Blessed Sacrament Church, 4500 Jackson Blvd.

Precinct 5: Meadowbrook School, 3125 West Flormann

Precinct 6: Blessed Sacrament Church, 4500 Jackson Blvd.

Precinct 7: Canyon Lake United Methodist Church, 3500 Canyon Lake Drive

Ward 4

Precinct 1: Rushmore Plaza Civic Center, Room 102 (Theatre entrance)

Precinct 2: Bethel Assembly of God Church, 1202 N. Maple Ave.

Precinct 3: Rushmore Plaza Civic Center, Room 102 (Theatre entrance)

Precinct 4: Rushmore Plaza Civic Center, Room 102 (Theatre entrance)

Ward 5

Precinct 1: South Canyon School, 218 Nordbye Lane

Precinct 2: Canyon Lake Senior Center, 2900 Canyon Lake Drive

Precinct 3: Pinedale School, 4901 West Chicago St.

Precinct 4: West Park Apartments, 1018 11th St.

Precinct 5: Horace Mann School, 902 Anamosa St.