Elmhurst Mayor, Lawyer Lock Horns Over Roberto's

Elmhurst IL

14 September, 2021

8:35 AM

Description

ELMHURST, IL — A lawyer for residents opposed to Roberto's Ristorante's request for two parking lots on Monday accused Elmhurst's mayor of "actively" pushing the project. In response, Mayor Scott Levin said attorney Mark Daniel's statements were untrue. In a three-page letter to the City Council and the mayor, Daniel referred to reports "trickling down from Saturday football viewing" that city officials fear a lawsuit from the Moreci family, which owns Roberto's. The restaurant is on Spring Road, near Eggleston Avenue. Daniel, who represents Elmhurst Neighbors United, said residents have indicated they would sue if the city approves the parking lots, which would be next to houses. He also said Scott Day, an attorney for Roberto's, has threatened to sue if the city rejects the restaurant's proposal. Daniel maintained that Roberto's plans a banquet hall, which the restaurant denies. "Please do not vote yes at the request of a mayor who actively pushed another proposal while hoping no one would learn about the banquet addition," Daniel wrote. He said the courts would uphold Elmhurst's powers to deny the parking lots. "Indeed, it is a concept so strong that even your peers who live and work near Spring and Eggleston know that someone claiming that they fear a lawsuit is misleading the electorate," Daniel said. Some aldermen, he said, "seem to have said to a sufficient number of people that word is trickling during Saturday football viewing that you fear a lawsuit from the applicants. There can be no such fear of a lawsuit. Make the right decision." Roberto's is in Ward 5, which Levin represented for years until he was elected mayor in April. Daniel said Levin told residents the parking lots were a good project. In an interview with Patch on Monday, Levin said he wished Daniel would stop saying things about him that are "absolutely not true." Levin said he never proposed an alternative plan and never once told an alderman how to vote on the issue. He said he met with Alderwoman Emily Bastedo, who voted against the Roberto's plan as a member of the council's Development, Planning and Zoning Committee. "I never told her to vote for it. I don't do that," Levin said. "I'm surprised that Mark Daniel, who has known me for years, is perpetuating that myth that I'm pushing Roberto's agenda." The mayor said if Daniel had any evidence to back up his statements, "I would love to see it." "I never pushed one way or another," the mayor said. "This is the latest in a series of accusations by Daniel saying I'm doing something I didn't do." Levin called the Roberto's matter a "painful issue" in the recent mayoral campaign. "I have been quite purposeful to stay out of the debate," he said. During the campaign, Alderman Mark Mulliner, another mayoral candidate, accepted a $5,000 donation from Elmhurst Neighbors United. At the time, Levin questioned the donation, particularly because Mulliner sat on the Development, Planning and Zoning Committee and would be hearing the Roberto's case. Amid the controversy over the contribution, Mulliner returned it. He said he never made any promises to the neighborhood. Last month, Mulliner joined a 2-1 majority on the committee to oppose the parking lots. In May, the Zoning and Planning Commission voted 5-2 for the restaurant's proposal. Asked about Daniel's letter to the council, Day said in an email, "The City is very well represented by highly competent legal counsel who have a long history of advising City Council on the law applicable to this zoning case. City Council is always well served by listening to their own lawyers." Daniel said he wrote his letter to the council because aldermen were set to attend a meeting Monday night that would be a tutorial on zoning issues in general. The neighbors contend the parking lots would result in more flooding, noise and traffic. The lots would be within a few feet of some houses. Roberto's, however, says the lots would alleviate parking issues in the Spring Road business district.