While the state is shutting down the $20 million project to extend Elmore Road through Anchorage's University-Medical District, several Anchorage Assembly members say Mayor Ethan Berkowitz overstepped his authority when he told the state to end the project.
In a letter sent Thursday to state transportation commissioner Marc Luiken, Assemblymen Bill Starr of Eagle River, Bill Evans of South Anchorage and Ernie Hall of West Anchorage suggested Berkowitz "does not accurately represent the Anchorage government position regarding this transportation project."
They sent the letter as state transportation officials were shutting down the project and archiving important documents, said spokeswoman Shannon McCarthy. Staff have been instructed to focus their attention on other critical projects, she said.
The three Assembly members told Luiken that Berkowitz "bypassed and ignored public process" in his efforts to withdraw support "on behalf of Anchorage."
The Assembly members' letter goes on to argue that the city Planning and Zoning Commission's recent approval of the project was the last official action taken by the city and the mayor doesn't have the legal authority to directly appeal or reverse the ruling.
But city spokesman Myer Hutchinson said Berkowitz indeed had authority to take action. In an emailed statement, he said the mayor, as the city's chief executive, is "not required to expend appropriated dollars in a manner that would fail to achieve legislative goals or be fiscally irresponsible."
In his own letter to Luiken on Dec. 4, Berkowitz wrote that he was concerned about how cost constraints were affecting the project's design and eliminating features like a bridge that once were part of the project. He also said it was unclear who would pay for cost overruns and said the project lacked support from surrounding community councils.
Until Berkowitz's letter arrived, the DOT was actively working on the project, said McCarthy. But she said the department has since begun closing it down.
Of the letter from the Assembly members, McCarthy said the DOT is prepared to work with the city.
"It just looks like there's some more internal discussion going on," McCarthy said.
Berkowitz said in his letter to Luiken that he plans to ask state legislators to instead spend the $20 million on the city's effort to modernize the Port of Anchorage, which is still $300 million from completion. He noted the state's fiscal crisis and called the port the city's "most immediate need."
On Friday, several state lawmakers said they were skeptical that the Legislature would agree to shift money to the port. Sen. Anna McKinnon, R-Eagle River, co-chair of the Senate Finance Committee, called it "unlikely," given a pending lawsuit and millions of dollars already invested in the port modernization.
Senate President Kevin Meyer, R-Anchorage, said the mayor will need to embark on an "education process" with legislators.
"It's going to be a challenge, because money's tight," Meyer said.
In 2013, the Assembly appropriated $20 million in state funds to the road project, and last year approved the agreement that transferred the money to DOT to build the road.
In his statement, Hutchinson said the Assembly did not issue further instructions after appropriating the money. He also said the original state grant required the city and the state to consider comments from the community and U-Med organizations on the project.
"The mayor's action is consistent with both," Hutchinson wrote.
Starr, who has pressed the question of Berkowitz's authority in recent days, said in an interview he believes further consultation by Berkowitz with the Assembly should be required.
He also said that halting ongoing road projects isn't the solution to the state's fiscal woes. He said his constituents want to see the road built to ease traffic congestion through town.
"The two branches of government need to figure this out and work together," Starr said.
Meanwhile, the citizens group appealing the planning commission's decision to support the road said it doesn't plan to drop its appeal to the city Board of Adjustment. Carolyn Ramsey of Citizens for Responsible Development said the group hopes to prevail on what it sees as procedural mistakes committed by the planning commission in approving the road.