NEWS
Residents of ABQ High Lofts decry city鈥檚 demand to open private courtyard to the public
The lot contains both public and private property, raising questions over who gets to call the shots
The courtyard surrounding the renovated Albuquerque High apartments is tranquil.
Water burbles from the mouth of a lion head fountain, the grass lawns are meticulously groomed, and ripening peaches hang from the boughs of fruit trees. But that tranquility is under threat, at least according to residents.
In June, the Albuquerque city attorney and Metropolitan Redevelopment Agency sent a letter to stakeholders at the apartment complex, many of whom are no longer involved, demanding that the courtyard be opened to the public during daylight hours.
If not, the letter warned, the city will cut the locks and open the gates itself.
鈥淚t was a complete surprise, a complete blindside,鈥 said Jack Campbell, an attorney representing the property owners.
Residents argue that opening the gates to the public daily will bring safety and sanitation concerns from nearby Central Avenue inside its walls. As the residents described it, the inner sanctum of the gated community and its bustling surroundings are as different as night and day.
During an emergency meeting Wednesday, property owners spoke of aggressive altercations between homeless people and residents, violent interactions among groups of people living on the street and the prevalence of used needles and human feces around the perimeter. They also mentioned repeated instances of people bathing in the publicly accessible roundabout fountain, causing it to be shut off by maintenance.
鈥淎s a single woman, the most attractive feature of moving into the lofts was the increased security,鈥 said Shelby Foley, who lives in a classroom-turned-apartment. 鈥淜nowing there were two levels of protection, especially in a dangerous neighborhood such as Downtown, was a primary motivator for purchasing my loft.鈥
Foley, along with dozens of residents who gathered that day, urged the city to change its mind.
And according to city officials, they might reverse course 鈥 but not without proof.
鈥淚 think the whole point of the agreement is if they want to make that case, they have to make that case,鈥 said Terry Brunner, the Metropolitan Redevelopment Agency director and one of the letter鈥檚 cosigners. 鈥淭hey have to write out a letter or study or some data that shows that the situation is such that they need to keep it closed, but they've never done that.鈥
Campbell said the original developer and the city made a verbal agreement in 2001 that the gates would remain closed and locked for safety concerns. However, neither the city nor Campbell could find any written documentation.
鈥淎 verbal agreement just doesn鈥檛 cut it in my municipal world,鈥 Brunner said.
The contract
Before developers set their sights on the building 25 years ago, the Old Albuquerque High School campus was abandoned, its brick facades boarded up and surrounded by barbed wire. The developer and the city entered into a contract to create the complex, where apartments now rent for $1,095 to $1,895 a month. The city originally owned the building and still owns the land.
The city lent around $3 million to be paid back with the leasing and sale of units 鈥 with conditions, including that the courtyard be made publicly available during daylight hours. But a caveat was written into the contract, which Campbell said is crucial.
According to the development agreement between the city of Albuquerque and developer Paradigm & Co.: 鈥淚f unrestricted access to the Common Area between the hours of 9:00 a.m. and dusk places an unreasonable operational burden on the private owners or their tenants, or negatively affects leasing and sales activity, or jeopardizes the return on the project to the City 鈥 then the private owners and the City agree to cooperate in amending the Covenants to provide reasonable public access to the common area that is compatible with the interests of the private owners, their tenants, the City and other project investors.鈥
鈥淚t will have a significant negative effect on that project,鈥 Campbell said. 鈥淧eople with children and the elderly 鈥 they鈥檙e going to move.鈥
In an interview Thursday, Brunner said the city might reconsider but the property needed to generate some kind of compensation or public benefit for them to compromise.
鈥淚t is taxpayer property,鈥 Brunner said.
Campbell argued that the property has more than compensated the city by bringing economic vibrance to a previously blighted area.
鈥淭he idea that the city hasn鈥檛 benefitted is 鈥 if not totally inaccurate 鈥 misleading,鈥 Campbell said.
The dispute also brings up questions of how to manage a space that is simultaneously public property and private residences. For example, residents currently pay for the courtyard's maintenance as a part of their monthly homeowners association fees, despite it legally belonging to the city.
Meanwhile, standing between these butting heads, City Councilor Joaqu铆n Baca struck a middle path.
Baca, who represents Downtown and Barelas, told residents Wednesday that he may pursue legislation to keep the gates shut if the parties can鈥檛 reach a compromise but additionally urged them to be careful about how they characterize their surroundings.
鈥淚t's real easy for us to get into this idea of 鈥榯his is hell outside of these gates鈥 and that's not true,鈥 Baca said. 鈥淐rime is down, mostly, I talk to (the Albuquerque Police Department) constantly, and I actually see it because I walk constantly. That doesn't mean things are great because they're not.鈥
Projecting a heightened sense of fear about the area will only make things worse, Baca reasoned.
鈥淚 love Downtown,鈥 Baca said. 鈥淭here are legitimate concerns for sure, and we have to address those. I'm 100% on your side about the gates and working through a process to figure this out, but I also want to be clear: I love Downtown and I've lived here for a long time and I've lived in a lot of cities. There's lots of reasons to love being down here.鈥
Gillian Barkhurst is a general assignment reporter for the Journal. She can be reached at gbarkhurst@abqjournal.com.