Wal-Mart Takes a Hit in Jefferson
David(s) beat Goliath -- at least for now.
a milwaukeeworld.com exclusive
(c) 2005 By Michael Horne
The tide turned against the giant Wal-Mart Corporation and its plans to annex 22 acres to the City of Jefferson, Wisconsin for the purpose of constructing a store in that community when a Jefferson County Circuit Court Judge placed on hold any annexation for at least 45 days.
Wal-Mart's plans were central to a recent recall election in Jefferson that forced Ald. David Olsen from his seat on the Common Council in that city.
The pro-Wal-Mart forces may have thought that Olsen's removal would be sufficient to allow them to proceeed with plans to annex 22 acres at the intersection of Highway 26 and County Highway K for the purpose of building a Wal-Mart Supercenter on the property. The plan was first introduced in November, 2002. They were wrong.
The pro-Wal-Mart forces were dealt a blow on Wednesday, December 28th, 2005 when Jefferson County Circuit Court Judge John Ullsvik granted a temporary injunction "prohibiting the defendants, City of Jefferson and Common Council of the City of Jefferson from proceeding with the annexation of a parcel of land over (15) fifteen acres while the mandamus action cited in the above-referenced case for a direct legislation petition is pending in the City and County of Jefferson."
The "direct legislation" was filed by The Coalition for a Better Jefferson on October 10, 2005, immediately after the organization filed as a political group.
According to Section 9.20, Wisconsin Statutes, "a number of electors equal to at least 15% of the votes cast for governor at the last general election in their city or village may sign and file a petition with the city or village clerk requesting that an attached proposed ordinance or resolution, without alteration, either be adopted by the common council or village board or be referred to a vote of the electors." The number of signatures required was roughly 307, based on the 2002 gubernatorial election turnout in the city.
Four days after being formed, the Coalition offered for filing 456 signatures on the Petition attached to the direct legislation to the City of Jefferson City Clerk, Tanya N. P. Stewart. She certified the petition with having 365 valid signatures on October 21 and referred the matter to the Common Council, which then had 30 days to either vote to adopt the ordinance, or set the matter for referendum, according to law.
State law apparently does not apply to the Jefferson Common Council, which, on November 15th, by an 8-0 vote, refused to adopt the Direct Legislation Petition or refer it to a vote of the electors, stating that the petition presented matters that were "improper subjects for direct legislation."
This Supreme Court ruling by the Jefferson Common Council led the Coalition and its attorneys David Halbrooks, and Midwest Environmental Advocates, Inc. to file the writ of mandamus demanding the referendum. But, while the writ would be pending, there was a chance -- indeed, a likelihood, that the city could proceed to annex the property, as soon as the first week of January, 2006. Indeed, the City Plan Commission included the matter on its December 14th, 2005 agenda.
The direct legislation would require "environmental, traffic, community and infrastructure impact studies for annexation proposals dealing with more than 15 acres of land."
It would also directly address the issues heard across the country that Wal-Mart tends to cause communities to lose more jobs than they gain.
The legislation would also require a study of " the economic impact of the lands to be annexed by the City on local businesses and residents, including any new jobs that will be added to the local economy, the amount of local labor to be used, the amount, type and location of potential development and the impact of changing land use patterns and the potential for development pressure on surrounding neighborhoods, particularly in the City."
David Olsen is on vacation and is unavailable for comment, according to his brother James Olsen of Olsen Funeral Home.
It may have taken two Davids to whup Goliath, but this is a serious setback to the Bentonville, Arkansas retailer and to its bands of supporters across the country.
Likewise, it is a victory for antisprawl advocates and for the laws of Wisconsin that rather explicitly state that even legislative bodies as mighty as the Common Council of the City of Jefferson must obey state law when citizens properly file motions for direct legislation.
Robert W. Kasten, Sr. Remembered
Robert W. Kasten, Sr, 88, who died earlier this week, was a large man and a stalwart Republican of the staunchest kind. His son, a United States Senator, used to live around the corner from my mother in Mequon, and Bob, Sr. lived not far away, on the "better side" of the freeway. For a number of years I would give Bob and Mary Ogden Kasten a hand on little projects like cleaning their gutters and trimming the shrubbery of their condo. I would carry the storm door down to the basement each spring, and bring up the screen door. I'd repeat the process in fall. It was the emptiest basement I have ever seen. Beyond the storm or screen door (depending on season) there were two Hitchcock chairs that I coveted, a few Christmas do-dads, and that was that.
I considered it a remarkable bit of downsizing, considering the Kastens had moved to their condo from a very large house in River Hills.
Although he was retired, Bob Kasten would still take his Ford station wagon to "work" every day, driving to the Village of Thiensville, where his former Gilbert Shoe Factory had become a storage center. No wonder the basement was so clean!
One day, hearing that the Gilbert Shoe Factory was for sale, (it was located across the street from my brother's home), I headed out to Thiensville with a developer from Milwaukee whom I had told about the place. Bob Kasten sat in a comfortably-furnished office, filled with former River Hills furniture, and chatted business with the developer, who eventually passed on the place. I wandered around the huge building
In addition to the Kasten possessions in the place, there were thousands of square feet of items that had made the downsizing from another River Hills mansion belonging to a friend of the Kastens who also made the move to the Mequon condo world before her death. Also, there were millions of dollars of Harley Davidson parts and accessories in the building that belonged to a Harley dealer. I never told anybody about the Harley treasures, since, even though the storage building was next door to the Thiensville Police Department, the Harley goodies would have been tempting to a certain element, and I didn't want to be responsible for the leak of their existence. (I can tell you now, since the place has since been demolished and turned into condos.)
After a day at the office, Mr. Kasten would make his way home where his wife would always set out a meal for him, served on attractive, and often antique, dinnerware. This style and refinement came naturally to Mary Ogden Kasten, whose mother founded the Town and Country Shop, still in business in the Ogden Center in Bayside. (You mean you haven't been to the Town and Country Shop? Well then, where do you buy your cocktail napkins and Staffordshire figurines?)
Mr. Kasten was well-read on issues of the day and favored history books, which he and his wife read in the dead silence of their home.
One day, in an expansive mode, Mr. Kasten told me an anecdote about Stanley Stone, the founder of the Chipstone Foundation and collection. I had told the Kastens something of whatever currently outraged me about Chipstone (there is always something) and he responded with a story of his own, which I feel free to relate, since his death has released me from the bonds of confidentiality I felt on this matter.
He said, "Mary and I were invited to Chipstone one evening for dinner with the Stones and other guests. One of them was a fellow from the Henry Ford Museum in Dearborn.
"Stanley Stone was going on and on about his greatness and his great collection. It was all rather dreary.
"I asked the Dearborn fellow how he was bearing up.
"He responded, 'I really can't stand our host, that son-of-a-bitch. I only came here because I want that chair,' he said, pointing to one of the priceless objects in the collection."
Milwaukee has lost a very wise man and devoted husband. -- Michael Horne

