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Public Comment from Oct. 7 City Council Meeting

by on October 8, 2013

2013-10-07 Council Presentation re McIlvoy Park by Nancy Young

Good evening Mr. Mayor, City Council, and Citizens of Arvada

Thank you, Mr. Deven, for finally responding to my ongoing inquiry regarding McIlvoy Park.  Your response, however, has increased my concern that part of OUR park is about to be dedicated to a private use through the device known as a “revocable permit to encroach.”

Such an encroachment violates the restriction in Clemency McIlvoy’s original deed.

“It is agreed and understood that this land is transferred to the town of Arvada for the use of the public as a park and shall be known as The McIlvoy Park.”

This deed was recorded at 10:55 am on May 15, 1919, in the Jefferson County Recorder’s Office, Book 216, page 114, should any citizen wish to view this public record.

While revocable permits have legitimate uses, here its use has overtones of a Bernie Madoff scheme to defraud the citizens of their right to use this generous legacy as a park. Mr. Deven described 9 cement sidewalks for the private use of the apartment renters to enter and exit the park, with shrubbery in between. In effect, this part of the park will permanently be inaccessible to the public.

The draft agreement for the encroachment limits the City’s ability to revoke the permit. Item 3.2 states it can be revoked if the developer breaches the agreement. The developer has only one meaningful responsibility – item 3.5 – to carry insurance. Worse yet, item 11 states that no third parties – like the citizens of Arvada – have any rights whatsoever under the agreement.

The very fact that this Council would even consider this indirect method of removing public access to part of McIlvoy Park is unconscionable! Such action clearly violates Mrs. McIlvoy’s restriction regarding the use of the land. Arvada has a fiduciary duty to its citizens to assure that the public can use all of this land as a park.

I urge this Council to deny any application by this or any developer to use any part of McIlvoy Park on an ongoing basis for such private purposes.

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One Comment
  1. I think this just shows how much ALL of city council respect our heritage and their commitment to protect it. It’s a shame that there isn’t a single council member willing or interested in protecting our heritage including a park. Even Olde Town Arvada is on the ‘alterations’ block!

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