Kennesaw City Council Regular Meeting – June 1, 2026

The Kennesaw City Council met on June 1, 2026, at 6:30 PM in the Council Chambers. The meeting featured an appeal hearing for the denial of an occupational tax certificate for El Ranchito Grocery Store, a public hearing on the 2027 Comprehensive Plan update, extensive public comments regarding Woodland Acres neighborhood conditions, and approval of a consent agenda covering a wide range of routine items. All votes taken were unanimous.

Consent Calendar

• Cemetery Deed: Authorization for the Mayor to sign a deed for cemetery lots purchased by Dan and Donna Newman in the Kennesaw City Cemetery.
• Minutes: Approval of the May 11, 2026 Work Session, May 18, 2026 Regular Meeting, and May 18, 2026 Executive Session minutes.
• Funding for 2027 Comprehensive Plan: Budget amendment approved to fund the update.
• Resolution: 2028 SPLOST Intergovernmental Agreement: Resolution authorizing the IGA between Cobb County and the City of Kennesaw.
• Resolution: Public Safety Facility Interview Room Equipment: Purchase of interview equipment from Motorola Solutions approved.
• Resolution: Stormwater Repair at St. Charles Lane: Proposal from Chatfield Contracting, Inc. accepted.
• Surplus: Zero Turn Mower: Approval to surplus an Exmark Lazer zero turn mower on GovDeals.
• Final Plat – 3057 N. Main Street: Approved subdivision of 5.98± acres for The Townes at Cantrell townhome development (Case #FP2026-01).
• Final Plat – 1651 McCollum Pkwy: Approved subdivision of 5.13± acres for Ross Pointe townhome development (Case #FP2026-02).
• Motion and Vote: Motion by Councilmember Gutierrez-Leon, seconded by Councilmember Orochena. Approved 5-0.

Public Comments & Testimony

• First Public Comment Period (Agenda Items): No comments. Floor open 6:31 PM, closed 6:32 PM.
• Second Public Comment Period (General): Opened 6:51 PM, closed 7:00 PM. Comments included:
  • Andrew Bramlett (City Resident): Shared a historical anecdote about Eleanor Roosevelt’s visit to Kennesaw on October 23, 1932, during President Franklin D. Roosevelt’s campaign.
  • Samuel Alan Rusch (City Resident): Expressed frustration with City Manager Jeff Drobney, claiming the City Manager misrepresented the amount invested in Woodland Acres over the years. Furnished a copy of the original 1961 deed for Woodland Acres Park, which contained a racially restrictive clause ("Caucasian race only") and a reversion clause. Argued that because the deed restricts use to park purposes, and the park is currently chained off, the property may have reverted to the grantor’s estate. Asked Council if they plan to return the land.
  • Jory Lyons (City Resident): Recounted an abrasive conversation with the City Manager at a previous work session. Spent $160 on an open records request to research city investments in Woodland Acres. Along with neighbors, documented over 40 issues (potholes, damaged curbs, sidewalks) needing repair in the community. Invited Council members to tour the area.
  • Laura Lyons (City Resident): Spoke about residents organizing to document damaged sidewalks, curbs, drainage issues, and other infrastructure concerns. Expressed frustration that, despite repeated requests, the City’s response has been slow or incomplete. Believed Woodland Acres is being overlooked and not prioritized.
  • Donovan Giardina (City Resident): Requested the Council consider lowering the speed limit on Paulding Street from 35 mph to 25 mph and installing traffic-calming measures (e.g., blind-drive signs) near his neighborhood entrance. Also recommended adding pedestrian lead signals (3–6 second head start for walk signs) at major downtown crosswalks as a cost-effective safety measure.

Discussion Items

• Appeal Hearing: Occupational Tax Certificate for El Ranchito Grocery Store (Agenda Item 8A, moved to 20B)

  • Background: The City’s Business License Division denied renewal of the tax certificate effective April 29, 2026, citing illicit activity. Owner Eduardo Garcia appealed. The hearing was quasi-judicial; Mayor Easterling acted as judge, Council as jury. City Solicitor Jamie Wingler and City Attorney Sam Hensley Jr. represented the City; Attorney Julie Essa represented Mr. Garcia. An interpreter was sworn in.
  • City’s Case: Presented evidence that on December 18, 2024, employee Elia Palacios Cruz was stopped with 2 grams of cocaine and admitted to more cocaine at the store. Officers found 12 grams of cocaine at El Ranchito. On March 17, 2026, a search warrant executed at the store yielded a Ziploc bag with cocaine, thousands of small sealable bags, a scale, and spoons with cocaine residue. Ms. Cruz was the only person working at the store during the search. The City argued Mr. Garcia knowingly allowed controlled substances on the premises (Code 22-29(b)(2)).
  • Applicant’s Case: Mr. Garcia testified he is the sole owner, has been divorced from Ms. Cruz for about 20 years, and was unaware of any drug activity. Ms. Cruz was fired after the denial notice. He presented tax returns, the lease, and the divorce decree to show she is not an owner. His daughters, who rely on the business income, now operate the store. He argued the ordinance requires “knowingly” and he had no knowledge.
  • Testimony: Officer Scott Luther served subpoenas. Officer Bretton Orsi testified about the two incidents and field tests. Ms. Cruz was called but invoked her Fifth Amendment right. Mr. Garcia testified and was cross-examined. The City noted Ms. Cruz was still working at the store as of May 18 (when she was served), contradicting claims she was fired immediately.
  • Closing Arguments: City argued preponderance of evidence shows Mr. Garcia knowingly allowed the activity; constructive knowledge arises from notice of the December arrest, March search warrant, and subsequent meetings. Applicant argued no conviction, no charges against Mr. Garcia, and the ordinance requires actual knowledge.
  • Vote: Motion to uphold the denial (sustain the Business License Office’s decision). Approved 4-0? (Minutes say 5-0, transcript says 4 in favor, none opposed – likely 5-0 as stated in minutes). The denial stands. Mr. Garcia may appeal to Cobb County Superior Court; the store may operate during the appeal period if a petition for review is timely filed.

• 2027 Comprehensive Plan Update (Public Hearing, Agenda Item 10A)

  • Planning Director Chanelle Campbell introduced Elena Oertel of Inspire Placemaking Collective. Oertel presented the planning process, timeline (target adoption by March 2027, with bulk of work by December 2026), public engagement methods (website with Social Pinpoint, surveys, in-person workshops, steering committee), and stakeholder groups. The presentation satisfied the state-required first public hearing.
  • No public comments were offered during this hearing.

• Alcohol License: 1885 Grill Kennesaw (Agenda Item 12A)

  • Business License Manager Kayla Willis presented a request for a Wine Package Sales for Off Premises Consumption license for 1885 Grill LLC, located at 2840 S Main St. Under newly adopted Code Sections 6-32(c) and (d), the restaurant may sell unopened bottles of wine to customers purchasing a prepared meal. The license supplements the existing retail pouring license. Motion by Councilmember Viars, seconded by Councilmember Orochena. Approved 5-0.

Key Outcomes

• El Ranchito Appeal: Denial of occupational tax certificate renewal upheld by unanimous vote (5-0). Mr. Garcia may file a petition for review with the Superior Court to operate during the appeal.
• 2027 Comprehensive Plan: Public hearing concluded. The plan update process is underway; next steps include steering committee meetings, open houses, and a second public hearing after a draft is produced.
• Consent Agenda & Alcohol License: All items approved unanimously (5-0).
• Mayor’s Remarks on Woodland Acres: Mayor Easterling stated that residents Samuel Rusch and Jory Lyons have submitted over 92 seeclickfix tickets and 30 FOIA requests since May 14, 2026, tying up staff time. He directed the City Manager to revisit Woodland Acres Park issues in mid-November after legal review and budget finalization, noting the need to determine why the park was chained off for 30 years. He reminded Council that these two residents are “only 2 of the 39,984 people that call Kennesaw home.”
• Adjournment: Meeting adjourned at 9:45 PM. Next regular meeting scheduled for June 8, 2026, at 6:30 PM.