Resolution

Hwy 48/Main Street Markham

Transfer of Jurisdiction

RECOMMENDATION:

That the financial proposal as outlined in this report from the Ministry of Transportation for the cancellation of the September 21, 1964 Connecting Link Agreement for Main Street Markham (Princess Street to 16^th Avenue) and transfer of Hwy 48 (16^th Avenue to Major Mackenzie Drive) be endorsed;

And that the Ministry of Transportation be advised that the Town of Markham reaffirms its request to cancel the September 21, 1964 Connecting Link Agreement for Main Street Markham (Princess Street to 16^th Avenue) and accept jurisdiction of Hwy 48 (16^th Avenue to Major Mackenzie Drive) subject to execution of the Agreement between the Ministry of Transportation and the Town of Markham and transfer of the agreed upon funds;

And that the Mayor and Clerk be authorized to execute the Agreement(s) for the cancellation of the September 21, 1964 Connecting Link Agreement for Main Street Markham (Princess Street to 16^th Avenue) and transfer of Hwy 48 (16^th Avenue to Major Mackenzie Drive)in a form satisfactory to the CAO and the Town Solicitor;

And that staff report back as to the timing for the transfer of Hwy 48 (16^th Avenue to Major Mackenzie Drive) to the Town of Markham;

And that staff be authorized to proceed with approval of development abutting Hwy 48 on the basis of Markham standards;

And that additional access to Hwy 48 beyond the Ministry’s current standard not be constructed until the transfer of Hwy 48 to the Town of Markham is complete;

And that staff report back as to the timing and conditions of heavy truck prohibitions on Main Street Markham/Hwy 48.

BACKGROUND:

• Markham owns Main Street (Princess Street to 16^th Avenue) but the Town’s authority is subject to a Connecting Link Agreement with the Ministry of Transportation dated September 21, 1964 regarding the operation and funding of the road
• MTO owns Hwy 48 north of 16^th Avenue
• Markham Council has passed 5 resolutions in the last 3 years requesting transfer of Hwy 48 (16^th Avenue to Major Mackenzie Drive) and cancellation of September 21, 1964 Connecting Link Agreement for Main Street (Princess Street to 16^th Avenue) to enable Markham to restrict heavy trucks and exercise its planning authority on abutting development in accordance with Markham policies
• Council approval of the transfer of Hwy 48 and cancellation of Connecting Link Agreement is subject to an appropriate financial contribution by the Ministry
• Ministry requires Markham Council resolution by Wednesday March 29, 2006 so Minister Takhar can sign agreement by March 30, 2006 and transfer funds in their 2005/2006 fiscal year which ends March 31, 2006
• Markham’s funding proposal and Ministry final position are as follows;

A) Connecting Link Agreement (Princess Street to 16^th Avenue)

Markham MTO

· Hwy 407 to Hwy 7 $ 810,451 $ 417,564

· Hwy 7 to 16^th Avenue $ 650,000 $ 664,346

SUB-TOTAL $1,460,451 $1,081,910

B) Transfer of Hwy 48 (16^th Avenue to Major Mackenzie Drive)

Markham MTO

· Widening and Urbanization $ 540,516 $ 75,000

· Transfer of security held by

Developers for Hwy 48

Improvements $ 120,000 $395,000*

SUB-TOTAL $ 660,516 $ 470,000

TOTAL $2,120,967 $1,551,910

• Ministry has advised that cancellation of Connecting Link Agreement can occur within 1 month but transfer of Hwy 48 (16^th Avenue to Major Mackenzie Drive) will take longer (6 to 12 months)

• Staff are following up with the Ministry as to the timing for the transfer of Hwy 48 (16^th Avenue to Major Mackenzie Drive) to Markham
• Staff will report back with an update as to schedule to prohibit heavy trucks on Main Street/Hwy 48.

*To be confirmed by MTO. Developers may request Markham release Letter of Credit and fund through Development Charges.

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