City Councilor wants to open up use of Open Space Trust

Ordinance limits city’s access to fund to interest, investment income

Almost all of the nearly $12 million in Albuquerque’s longstanding Open Space Trust Fund is currently untouchable when city officials want to buy a piece of property — something one outgoing city councilor wants to change before he leaves office.

Fourth-term Councilor Don Harris — who decided not to seek reelection — recently revived a proposal that would allow the city to tap the trust fund’s principal to acquire property, easements and rights of way or to improve existing city open spaces. Current ordinance makes that impossible, limiting the city’s use only to the trust fund’s interest and investment income. It generated about $1.3 million since 2017.

Harris, who made a similar attempt to change the ordinance six years ago, argues that the fund’s relatively small returns are not keeping pace with appreciating land values. Access to the principal, he contends, would make the city nimbler when attempting to preserve open space. He cited the Poole property — 23 acres on a bluff above the Rio Grande wetlands — that was slated for residential development before the city earlier this year bought it for open space. A state legislative appropriation covered most of the $6.7 million purchase price, but Harris said the city had to “scramble” to find the remaining $2.2 million.

“The Poole property would have been gone in a year if we didn’t do something, and because we couldn’t use the trust fund without amending the ordinance, we had to scramble to do other things,” he said. “That kind of scrambling may not be possible the next time something like this comes around.”

The city has other money to buy open space lands, notably the 2% it gets from the biennial general obligation bond program. This year’s program yielded $2.8 million for that purpose. The open space slice is currently only guaranteed through 2035, but Harris’ legislation would make it permanent.

Harris, who leaves office at year’s end, attempted to accelerate a council decision by seeking a vote two weeks after his bill’s Nov. 3

introduction, but Councilor Isaac Benton questioned that timeline. A narrow council majority approved Benton’s motion to send the bill through the council’s normal committee process.

Benton at the time voiced concern that the city’s volunteer Open Space Advisory Board — which makes recommendations to the council — had not yet discussed the bill.

He said in an interview he is also troubled that a council with four members who will be replaced Jan. 1 might make what he has called a “momentous” change to the city’s open space ordinance. There is a chance the bill comes up for a final council vote in December.

“There’s nothing to prevent us from having a discussion about the future of the fund, but not with a lame-duck council,” Benton said. “I find it very strange and it definitely raises questions to me about what the motivation is.”

Harris, meanwhile, said the councilors “have a right to make policy” until they leave office. He said he was unaware of any specific acquisitions that the city would want to make if the trust fund principal becomes available.

The city’s Parks and Recreation Director David Simon is not saying if Mayor

Tim Keller’s administration supports the proposal, noting that the council has authority to set policy related to the trust fund.

“If passed, we look forward to looking at the bill, while keeping in mind the OSTF’s history, existing city ordinances and public input,” Simon said in a written statement.