The Italy City Council approved a zoning ordinance amendment and accepted the resignation of its public works director at its monthly meeting held Monday evening.

Tomas E. Rivas requested a zoning change to permanently zone property on Hwy. 34 from Single Family District 3 to Commercial 1 with a Specific Use Permit. The property in question is located on approximately one acre of land across from David’s Supermarket.

Rivas plans to put up a metal building that will house a tire shop and repair shop. He also plans to sell cars from that location as well.

The council held a public hearing with no objection or questions from residents. Joan Grabowski, chairman of the planning and zoning commission, said the board approved the request in March. With no object, the council approved the change.

The council approved the resignation of the Brad Chambers, public works director. The mayor said Chambers found employment elsewhere.

In other business, Bill Pierce with Texas Department of Transportation (TxDOT) addressed the council regarding the bridge construction on Couch Street near the city cemetery. Total cost for the bridge project is just under $500,000.

Pierce said TxDOT approved the bridge contract Oct. 26, 2009. The contractor was to complete the project in 83 days. He explained this is approximately four months. He expected completion about Feb. 23. Now the contractor has the completion date set at May 14.

Pierce said he is fining the contractor $500 per day in liquidated damages. Presently, he said the contractor is 33 days behind.

Grabowski asked Pierce of the city would receive any of the liquidated damages. He explained that it would not, that the money would remain in the Federal funding account for other projects.

Pierce did explain that this was the third or fourth wettest fall and winter in the county’s history.

John Droll, council member, asked what would happen if the contractor simply walked away from the project.

Pierce said the contractor has a performance bond that will guarantee completion even if that necessitates the hiring of another contractor to complete the project. Failure to complete this project, Pierce explained, would end the contractor’s career with TxDOT.

Resident Elmerine Bell asked Pierce about the bridge (culvert) at the intersection of Hwy. 77 and Harris Street. She said the drainage needs improving along that intersection. Pierce said he would look at the intersection before he could comment on it.

During comments from the citizens, Bell questioned the termination of a city public works employee in February and the resignation of another public works employee this month.

Grabowski questioned why the city has not repaired a water line at the end of her driveway.

Teri Murdock, city secretary, said she would follow up on the request.

Judy Rowe, Donna and Randall Garner, residents on West Main Street, addressed the council regarding a request from the cemetery association to place an entrance into the cemetery off of Simms Street.

Rowe said there are trees along that area that block noise and their view to Hwy. 77. She said there would be additional security issues if a road was installed at that location.

Garner said safety is an issue since the ditch along Hwy. 77 is 14 feet deep in places. He said that is just opening the city up to a possible lawsuit should someone drive off into that ditch.

Rowe said the city does not maintain the road along Hwy 34 now so why should they expect the city to maintain this road to the cemetery.

Rowe said she understood the association was looking for ideas but wanted this option taken off the table.

Gardener reiterated the liability concern should be enough to stop the city from going forth with this issue. He said if his child drove off into the ditch he would be the first one to file a lawsuit against the city.

The council took no action on the matter.

Ellis County Judge Carol Bush addressed the council and citizens in attendance. She said one of her goals is to go around to the various cities and meet the officials.

Bush, who was appointed county judge a year ago, extended an invitation to the city to address any issues they might be facing.

“My door is always open,” she said. “Whether it is a small community or larger city, it is still part of Ellis County.”

She briefly outlined various project going on within the county making note that this is an exciting time for the county.

Bush said the county should take possession of the courts building in mid-May. The various departments should move in late May or early June.

Once moved, she said the county-owned buildings downtown would be for sale. This, she hopes, will spur retail development around the square.

With the various courts in different locations, she said this move should streamline services for county residents.

The San Antonio native who has lived in Waxahachie for 22 years, said she sees her job as county judge as a facilitator between the various departments within the county. She stressed her open-door policy, “We are in the business to take care of the people. If you have something to tell me, track me down. I will listen.”

Bush has two children, a son at Texas A&M and a daughter who is a senior at Waxahachie High School.

“I have grown to love Ellis County and am incredibly honored to be your county judge,” she explained. “I am not much of a politician. I just believe in doing my job.”

The council cancelled the upcoming city election since the candidates were unopposed.

During department reports, Police Chief C.V. Johns said the department worked a total of 1,117 hours during March.

The animal control officer worked 10 calls, issued two citations and issued three warnings. The officer captured six animals and one resident was arrested for animal cruelty.

The newly hired municipal clerk, Manuela Martin, reported the police department issued 735 citations in March. She cleared approximately 56 warrants as well.

Murdock said she recently attended a seminary in San Marcus regarding communications.

She met with Jackie and Ken Cates regarding the concession stand construction at Upchurch Field. She said the building has been ordered. The slab, insulation, doors and building will cost $24,971.56. This total does not include the inside walls and bathrooms.

She said the Cates will get the slab pored and cured so the building can be built once delivered in four-to-six weeks.

Murdock said the cost of materials is higher than she originally expected.

She said the County worked on Sparkman Road last week, The street has deteriorated due to the traffic volume caused by the bridge construction on Couch Street.

Murdock said a public hearing is set next month on a curfew ordinance.