Trustee won't vote on Su Casa

McDonald cited for being in bar after hours

June 12, 2009

Menomonee Falls — Trustee Michael McDonald will not vote Monday on a conditional-use permit allowing Su Casa Mexican Grill and Sports Bar to operate a restaurant and sports bar with outdoor seating at W15842 Appleton Ave.

McDonald received two citations for his role in a May 29 incident at the current Su Casa location, W15094 Appleton Ave. He allegedly was in the bar after hours and obstructed an investigation.

The owner of the restaurant, Jorge Suarez, and a bartender, Susan Shaver, also received citations for allegedly obstructing an officer. Suarez also received citations for alleged first-time drunken driving and a liquor license violation for allowing patrons in a bar after closing.

Su Casa would move to the former Ponderosa restaurant site, between the North Hills Plaza shopping center and the River Bluff Condominiums. The outdoor patio would allow seating for 132 people. No music or speaker system would be allowed outside between 10 p.m. and 10 a.m.

There would be 15 full-time employees and five part-time workers on two shifts. The hours would be 10 a.m. to 2 a.m., seven days a week.

Village Manager Mark Fitzgerald said he was involved in a meeting with Village Attorney Michael Morse, Village President Randall Newman and McDonald about the upcoming vote.

"(McDonald) will not be voting on matters pertaining to Su Casa," Fitzgerald said.

Typically, he said, a trustee makes the call to abstain from a vote if there is a conflict of interest. "This is certainly unusual circumstances," Fitzgerald said.

Morse said the village follows state statute: an official can request the village attorney's opinion, which is considered confidential, but the decision is ultimately up to the official.

Fitzgerald noted McDonald did not attend the June 2 Plan Commission meeting, where a positive recommendation to the Village Board on the conditional-use permit was made.

McDonald said he will not attend Monday's meeting because he will be out of town Tuesday. He also confirmed he would have abstained from voting if he had attended the meeting.

Next Step

WHAT: Village Board vote on a conditional-use permit for Su Casa Mexican Grill and Sports Bar

WHEN: 6:30 p.m. Monday

WHERE: Village Hall, N8480 Pilgrim Road

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