Central Avenue / White Street Truck Route: Amend Commercial MotorCopyrighted
January 3, 2023
City of Dubuque Action Items # 03.
City Council Meeting
ITEM TITLE: Central Avenue / White Street Truck Route: Amend Commercial Motor
Vehicles Ordinance to December 31, 2023
SUMMARY: City Manager recommending City Council amend the current city
ordinance regulating commercial motor vehicles to allow motor trucks to
continue to use the Central Avenue and White Street corridor as an
authorized truck route through December 31, 2023.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 16 Miscellaneous City Provisions,
Division 2 Trucks and/or Machinery, Section 9-16-321.901 Motor Truck
Routes
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
Central Avenue / White Street Truck Route Amend City Manager Memo
Commercial Motor Vehicles Ordinance-MVM Memo
Staff Memo
Ordinance
Staff Memo
Ordinance
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Central Avenue / White Street Truck Route
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
Amend Commercial Motor Vehicles Ordinance to December 31, 2023
DATE: December 21, 2022
City Engineer Gus Psihoyos and Assistant City Engineer Robert Schiesl are
recommending City Council amend the current city ordinance regulating commercial
motor vehicles to allow motor trucks to continue to use the Central Avenue and White
Street corridor as an authorized truck route through December 31, 2023.
This time extension will allow work on the Northwest Arterial to be completed. This
additional time will also allow for the City, Greater Dubuque Development Corporation,
and local impacted businesses to work together and collaborate on alternate solutions
for commercial motor vehicles traveling through and around the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
DATE: December 21, 2022
Dubuque
All•Meriea City
2007-2012.2013
2017*2019
RE: Central Avenue / White Street Truck Route
Amend Commercial Motor Vehicles Ordinance to December 31, 2023
BACKGROUND
As part of the completion of the Southwest Arterial (US52), the new highway was officially
designated as US Highway 52. With the re -designation and rerouting of US52 there were
changes implemented by the State of Iowa designating highways through Dubuque.
These changes included:
• US Highway 52 was re -designated and rerouted from Luxemburg to New
Vienna along highway 136 to Dyersville; and then easterly along US20 to the
Southwest Arterial (US52) to US Highway 61-151.
• The US52 highway designation on Central Avenue and White Street through
Dubuque was removed.
• The Iowa DOT and City, in joint cooperation transfer the jurisdiction of the
Southwest Arterial from the City to the State of Iowa in exchange for the
Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of
existing U.S. 52/Iowa 3 from the Iowa 32/John Deere Road intersection to the
intersection of U.S. 61 in downtown Dubuque, from the State to the City.
With the removal of the US52 highway designation on Central Avenue and White Street
through Dubuque, commercial vehicles would no longer be permitted to use those
corridors unless changes are adopted to current City Code.
Prior to the Transfer of Jurisdiction Agreement (TOJ) of the Northwest Arterial from the
State of Iowa to the City and the re -designation and rerouting of US Highway 52, the city
ordinance regulating commercial motor vehicles was amended to allow motor
trucks to continue to use the Central Avenue and White Street corridor as an
authorized truck route through December 31, 2022. This date was established prior to
the full scope of work was known for the Northwest Arterial - State of Good Repair Project,
which now has a completion date of August 2023.
Based on current City Code and the re -designation and rerouting of US52, the effects to
commercial motor vehicle traffic on Central Avenue and White Street would be as follows.
STATE CODE
The state code language on the City's authority related to the regulation of
commercial/truck traffic:
321.473 Limitations on trucks by local authorities.
1. Local authorities with respect to highways under their jurisdiction may also, by
ordinance or resolution, prohibit the operation of trucks or other commercial vehicles,
or may impose limitations as to the weight thereof, on designated highways, which
prohibitions and limitations shall be designated by appropriate signs placed on such
highways.
2. Local authorities may issue special permits, during periods such restrictions are in
effect, to permit limited operation of vehicles upon specified routes with loads in
excess of any restrictions imposed under this section, but not in excess of load
restrictions imposed by any other provision of this chapter, and such authorities shall
issue such permits upon a showing that there is a need to move to market farm
produce or to move to any farm, feeds or fuel for home heating purposes.
3. a. A person who violates the provisions of an ordinance or resolution adopted
pursuant to subsection 1 shall, upon conviction or a plea of guilty, be subject to a
fine determined by dividing the difference between the actual weight and the
maximum weight established by the ordinance or resolution by one hundred, and
multiplying the quotient by two dollars.
b. The fine for violation of a special permit issued pursuant to subsection 2 shall be
based upon the difference between the actual weight of the vehicle and load and
the maximum weight allowed by the permit in accordance with section 321.463.
CITY ORDINANCE
The City of Dubuque has adopted an ordinance as authorized by Iowa Code §321.473
regulating motor trucks. The current City of Dubuque ordinance reads as follows:
Hai lei 1191:111111:i1L91:"d:Z6l1111 *51
A. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000)
pounds (5 tons) must travel over marked highways when operating in the City and
may not depart from such marked highways, except that any motor truck whose
destination is in the City may depart from such highway at that point on the highway
nearest to its destination and then proceed directly to such destination.
B. Motor trucks whose trips originate within the City must travel by the most direct route
to that point on a marked highway nearest to such point of origin.
C. Motor trucks entering the city on an unmarked highway must proceed to the nearest
marked highway by the most direct route and then proceed to their destination, except
when the destination lies between the point of entry into the city and the marked
highway.
D. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000)
pounds (5 tons) must not travel over the following streets:
• Ice Harbor Drive, from 1 st Street to the 3rd Street Overpass.
• Main Street, from 5th Street to 9th Street.
E. The city manager is authorized to designate and establish by appropriate signs
alternate motor truck routes and to post signs limiting motor trucks registered with a
gross weight limit exceeding ten thousand (10,000) pounds (5 tons) from operating on
nonhighway streets and the streets designated in subsection D of this section.
F. The provisions of this section governing the travel of motor trucks on residential streets
do not apply to public or private carriers of passengers on tour, fixed demand
response, or dial -a -ride routes or school or church buses.
G. The scheduled fine for a violation of this section is fifty dollars ($50.00).
With the removal of the US52 highway designation on Central Avenue and White Street
through Dubuque, and based on current city ordinance, commercial motortruck traffic will
be required to use marked highways within city limits, which include the Northwest
Arterial, Southwest Arterial and Highway 20. There will be limited exceptions to the
ordinance with the only authorized commercial motor truck traffic on Central Avenue and
White Street being:
• Motor trucks making a local delivery.
• Motor trucks whose trips originate within the city. The trucks must travel by the
most direct route to that point on a marked highway nearest to such point of origin.
DISCUSSION
As noted above in this memo, the amended ordinance date of December 31, 2022, was
established prior to the full scope of work was known for the Northwest Arterial - State of
Good Repair Project. Due to the magnitude of work, and the multiple construction
sequencing stages required to maintain traffic flow through the NW Arterial corridor and
minimize impact to schools and businesses through the corridor, the NW Arterial project
has a contract specified completion date of August 18, 2023.
Due to the fact that the Northwest Arterial Rehabilitation - State of Good Repair Project
will impact local traffic flow during the 2023 construction season, staff believes that an
amendment to the Central Avenue and White Street corridor truck route through the City
should be considered to accommodate the Northwest Arterial project schedule.
PUBLIC OUTREACH
City staff and Greater Dubuque Development Company (GDDC) have previously met with
several Companies that regularly use the North/South routes of Central Avenue and
White Street to conduct their daily business. Based on previous interviews with several
businesses, the consensus opinion was that changing and preventing commercial
vehicles from using Central Avenue and White Street would cause a severe impact on
their current business model. In some cases, it was stated that the business model might
not be able to survive if this change was made without ample planning for this change.
City staff and GDDC will continue to actively engage and meet with the local impacted
businesses to determine if there is a compromise position other than a total ban
preventing commercial vehicles from using Central Avenue and White Street.
RECOMMENDATION
Staff is recommending that the current city ordinance regulating commercial motor
vehicles be amended to allow motor trucks to continue to use the Central Avenue
and White Street corridor as an authorized truck route through December 31, 2023.
This time extension will allow work on the Northwest Arterial to be completed. This
additional time will also allow for the City, GDDC, and local impacted businesses to work
together and collaborate on alternate solutions for commercial motor vehicles travel
through and around the City.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 5894381
ORDINANCE NO. 1-23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 16 MISCELLANEOUS CITY PROVISIONS,
DIVISION 2 TRUCKS AND/OR MACHINERY, SECTION 9-16-321.901 MOTOR TRUCK
ROUTES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-16-321.901 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-16-321.901: MOTORTRUCK ROUTES:
A. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000)
pounds (5 tons) must travel over marked highways when operating in the city and may
not depart from such marked highways, except that any motor truck whose destination is
in the city may depart from such highway at that point on the highway nearest to its
destination and then proceed directly to such destination.
B. Motor trucks whose trips originate within the city must travel by the most direct
route to that point on a marked highway nearest to such point of origin.
C. Motor trucks entering the city on an unmarked highway must proceed to the
nearest marked highway by the most direct route and then proceed to their destination,
except when the destination lies between the point of entry into the city and the marked
highway. This prohibition shall not apply to Central Avenue and White Street between 4th
Street and 32nd Street from the de -designation of Central Avenue and White Street as
the Iowa Highway 52 motor truck route through the city by the Iowa department of
transportation and continue through December 31, 2023.
D. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000)
pounds (5 tons) must not travel over the following streets:
Ice Harbor Drive, from 1 st Street to the 3rd Street Overpass.
Main Street, from 5th Street to 9th Street.
E. The city manager is authorized to designate and establish by appropriate signs
alternate motortruck routes and to post signs limiting motor trucks registered with a gross
weight limit exceeding ten thousand (10,000) pounds (5 tons) from operating on
nonhighway streets and the streets designated in subsection D of this section.
F. The provisions of this section governing the travel of motor trucks on residential
streets do not apply to public or private carriers of passengers on tour, fixed demand
response, or dial -a- ride routes or school or church buses.
G. The scheduled fine for a violation of this section is fifty dollars ($50.00).
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 3'd day of January, 2023.
M
Attest:
a4'-' "Mz x A'O�" -
Adrienne N. Breitfelder, CIVIC, City Clerk
EFFECT OF AMENDMENT
9-16-321.901: MOTOR TRUCK ROUTES:
A. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000)
pounds (5 tons) must travel over marked highways when operating in the city and may
not depart from such marked highways, except that any motor truck whose destination is
in the city may depart from such highway at that point on the highway nearest to its
destination and then proceed directly to such destination.
B. Motor trucks whose trips originate within the city must travel by the most direct
route to that point on a marked highway nearest to such point of origin.
C. Motor trucks entering the city on an unmarked highway must proceed to the
nearest marked highway by the most direct route and then proceed to their destination,
except when the destination lies between the point of entry into the city and the marked
highway. This prohibition shall not apply to Central Avenue and White Street between 4th
Street and 32nd Street from the de -designation of Central Avenue and White Street as
the Iowa Highway 52 motor truck route through the city by the Iowa department of
transportation and continue through December 31, 2023.
D. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000)
pounds (5 tons) must not travel over the following streets:
Ice Harbor Drive, from 1 st Street to the 3rd Street Overpass.
Main Street, from 5th Street to 9th Street.
E. The city manager is authorized to designate and establish by appropriate signs
alternate motor truck routes and to post signs limiting motor trucks registered with a gross
weight limit exceeding ten thousand (10,000) pounds (5 tons) from operating on
nonhighway streets and the streets designated in subsection D of this section.
F. The provisions of this section governing the travel of motor trucks on residential
streets do not apply to public or private carriers of passengers on tour, fixed demand
response, or dial -a- ride routes or school or church buses.
G. The scheduled fine for a violation of this section is fifty dollars ($50.00).
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
01/06/2023
and for which the charge is 39.11
Su scribed to before e, a Nota lic in and for
Dubuque County, Iowa,
this 6th day of January, 2023
Notary
r
P„ is in and for Dubuqu County, Iowa.
JANET K. PAPE
et^� s� r 199859
l •
Ad text :
OFFICIAL PUBLICATION
ORDINANCE NO. 1-23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 16 MISCELLANEOUS CITY
PROVISIONS, DIVISION 2 TRUCKS AND/OR MACHINERY, SECTION
9-16-321.901 MOTOR TRUCK ROUTES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1, Section 9-16-321.901 of the City of Dubuque Code
of Ordinances is amended to read as follows:
9-16-321.901: MOTOR TRUCK ROUTES:
A. ^Motor trucks registered for a gross weight limit
exceeding ten thousand (10,000) pounds (5 tons) must travel
over marked highways when operating in the city and may not
depart from such marked highways, except that any motor truck
whose destination is in the city may depart from such highway
at that point on the highway nearest to its destination and
then proceed directly to such destination.
B. "Motor trucks whose trips originate within the city must
travel by the most direct route to that point on a marked
highway nearest to such point of origin.
C. "Motor trucks entering the city on an unmarked highway
must proceed to the nearest marked highway by the most direct
route and then proceed to their destination, except when the
destination lies between the point of entry into the city and
the marked highway. This prohibition shall not apply to
Central Avenue and White Street between 4th Street and 32nd
Street from the de -designation of Central Avenue and White
Street as the Iowa Highway 52 motor truck route through the
city by the Iowa department of transportation and continue
through December 31, 2023.
D. "Motor trucks registered for a gross weight limit
exceeding ten thousand (10,000) pounds (5 tons) must not
travel over the following streets:
Ice Harbor Drive, from 1st Street to the 3rd Street
Overpass.
Main Street, from 5th Street to 9th Street.
E. "The city manager is authorized to designate and establish
by appropriate signs alternate motor truck routes and to post
signs limiting motor trucks registered with a gross weight
limit exceeding ten thousand (10,000) pounds (5 tons) from
operating on nonhighway streets and the streets designated in
subsection D of this section.
F. ^The provisions of this section governing the travel of
motor trucks on residential streets do not apply to public or
private carriers of passengers on tour, fixed demand response,
or dial -a- ride routes or school or church buses.
G. "The scheduled fine for a violation of this section is
fifty dollars ($50.00).
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 3rd day of January, 2023.
/sBrad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 6th day of January, 2023.
/s/Adrienne N. Breitfelder, City Clerk
It 1/6