UPDATE Muskego Lake Park Referendum Commands A Special Night for Common Council

The Muskego Common Council will reconvene in a special session to discuss a resolution related to the petition for direct legislation that was filed by a citizens political action committee called Muskego for Ethical Government. The petition was signed by 3,409 residents and calls for a referendum to be held before an offer to purchase of lake park property is closed.

The council will convene at 6pm at Lake Denoon Middle School on Wednesday, Feb. 22, with public comment to precede the discussion.

The council initially voted 4-3 to pass resolution 003-2012, which forwarded an offer to purchase of two parcels of land on Little Muskego Lake. That decision stood last week as the council passed on further discussion to reconsider their earlier vote.

UPDATE: The new resolution 013-2012 reflects the process the city and petitioners underwent to receive the direct legislation, with the ultimate result being that the petitions were correctly submitted (or 'sufficient'). However, it indicates that the city attorney advises the city not to adopt the petition because "the resolution is administrative in nature and not a proper subject for direct legislation."

The resolution goes on to state the petition is "in direct conflict with prior resolutions and ordinances, namely Resolutions 142-2011 (Resolution of necessity passed on Sept. 27, 2011) and Resolution 003-2012 (the offer to purchase)."

On its face, previous legal cases did not indicate that the petition could succeed, as these cases were only successful in instances where a vote had yet to be taken. However, the city could have decided on its own to place a resolution on the ballot, which could be voted on as early as April. The resolution before council Wednesday night indicates the city will not pursue that option.