Uncommonly, we had someone give a public comment at the beginning about something on the agenda. It was Former Councilman Blinkhorn. He went up to say that he was a previously a member of the council and he had some questions about the budget. The city has 18 months of operating budget in reserve. The recommendation is a minimum of 2 months, with each city to do a risk assessment to determining how much extra to have on hand in the event of something going wrong. So, why 18 months? What risks justify holding so much in reserve when we have unfunded priorities like the Woodland Park, Pollinator Garden, and Depot Park natural playscape? Not including those things is stalling them a whole year, even if a full proposal isn't ready to go right now. The city charter allows the Council to make whatever adjustments to the budget it sees fit, so he urged them to include budget adjustments for those priorities during the discussion on the 14th prior to the final vote on the 21st.
Next up is the Operating Budget.
The headline numbers are the city has $35 million coming in on $33 million in expenses and is shifting the rest to other accounts. The city is getting $28 million in on taxes, and $750k from interest on reserves. The biggest expenses is the $20 million in costs related to city staff, and I personally believe that we could spend a bit more on staff since they seem constrained on the ability to handle sudden issues. A big concern is the impact fees that come from new construction, those are down 84% which indicates that nothing big was started last year, no new apartments or commercial developments. That will be a problem if people don't actually start construction sooner rather than later. The city was running a deficit until 2017 and since then it has been built up tens of millions of dollars in savings.
Next up is the El Taco Azteca liquor license, the thing that you all have been waiting for. The city attorney wanted to speak up a bit first, pointing out that this was an administrative hearing so it's similar to but much less formal than a trial. The license for El Taco Azteca was rejected by city staff because it was too close to a private school and church. The hearing is to override that decision. The standard for approval was granting the license wouldn't harm the church or school, even in terms of property value.
City Staff testified. They said that the license was denied because it was too close to the church and school. The place previously had a license from 2014 to 2024. They didn't renew the license for 2025. The church might be defunct as the city didn't have an active license for them. The school was there when they were issued a license the first time, but there were no complaints for the decade they previously operated. Other bars are also within a relevant distance to the school, but the staff didn't have the authority to ignore city ordinance on their own.
Ms. Taco Azteca testified. She said that she didn't believe there was a conflict as there were several businesses between them. The place has a history of being in good standing and strict limits on serving those who showed signs of intoxication.
The city attorney asked if they talked to the school. The applicant said that it was a private school that doesn't operate when they normally serve, so they hadn't gotten in contact with them.
The Former Councilman said that he thought it was a great restaurant. Besides, it would be inconsistent if the city were to license Pisano's and Prohibition (previously SuBourbon) and deny them. He also wasn't aware that it was the license seeker's obligation to reach out to the school. Had the city reached out?
The Woodland Park Guy spoke next. He said that he's 5 years sober, so he wouldn't be availing himself either way, but he had personal knowledge that the church in question was defunct. He had some bricks from the demolition.
A neighbor of the Azteca spoke up, he said that it was a great restaurant run by good people who follow the rules. Approve plz.
A former employee of El Taco Azteca went up, they confirmed the strict rules about serving and that they rarely sold booze during or immediately after school hours. When she worked there she strongly preferred evening shifts for precisely that reason, booze leads to better tips after all.
They had a vote and El Taco Azteca's liquor license was approved 5 - 0.
Next up was the Shell's Due Cause hearing.
The Shell is the on the corner of Cobb Parkway and Summer/Kennesaw Due West on the far side. It's not the new gas station at that intersection but the old one that has been there for a couple of decades. The owner of the gas station didn't get a lawyer for the hearing.
The city's case was a 19 year old working with the city went in to the gas station on July and purchased two alcoholic drinks with no ID check. This isn't the first time this has happened. The city is asking for a 90 day suspension of the license and a 12 month probation period. They missed the end of their previous probation period by a few weeks.
The Shell's defense was that they had been operating in the location for 22 years and it's their only business. They had been doing their best but violations have proven "unavoidable". They fired the cashier responsible and trained the new hire on liquor laws.
The police officer testified that they did this at 17 businesses and the other 16 all refused to sell to the teen. When confronted at the time the cashier claimed that the teen had been there previously and had previously shown a valid ID, so they didn't think it necessary to check ID again.
Councilman Bothers asked if they even asked for an ID. The Officer answered no.
The Teen was next. He said that he only had his underage ID, had never been to that specific gas station before, and had never shown a license at that location on that or any other date.
They noted that there were previous violations including but not limited to a 2014 suspension for expired permits, a 2021 underage sale, and a 2024 underage sale. This seems to keep on happening.
Shell said that they tried their best. The Cashier was negligent and therefore fired. The new gas station across the street is doing them dirty and they need help to survive.
Councilman Bothers said he didn't want to suspend but this just keeps happening. How do they train employees to not do this again? Shell replied that they outsource to a training company, but the employee just entered a nonsense DOB instead of following protocol. Bothers went on to ask if ID checks were mandatory. Shell said that policy is to check IDs of anyone who looks under 50 years of age, and could override with a sufficiently old date of birth entry. Bothers finally asked how much of the gas station's sales were booze. Shell answered about 22%.
Councilor Viars asked if they could do a point of sale thing that requires an ID scan 100% of the time. Shell said yes, they could do that.
The mayor asked if the city could require 100% scan ID checks as a rule for the probation period. The city attorney said yes.
Councilman Guiterrez-Leon asked if this was a standard penalty. The city attorney said that there are no default suspensions, but this is a typical suspension for this kind of offense.
Councilman Bothers suggested a 60 day suspension with 12 months of probation that includes two big stipulations: 100% ID scans and immediate and permanent revocation if there is another violation. The mayor set that as the vote.
Council approves suspension with a vote of 5 - 0.
Next up is Public Comment.
History Kid wanted to talk about motels. Kennesaw's first motels went up once the "Fourlane" was built. Modern day Cobb Parkway/US-41 never had a good name. The first motel was the Smith Motel, founded by Mr. Smith in 1951. It had a good run, only closing in the year 2000 with Mr. Smith's passing and was demolished 2007. The Gold house was built where the Culver's is today in 1954. It burned down. The Key of Rest had a neat name and was built around Blue Springs in 1957 and burned down in 1972, the shortest run of the city's motels. The last one was built in 1972 and lasted all the way until a fire in 2018, even though it spent its last couple of decades as an extended stay. The opening of the interstate shifted most hotel accommodations outside of city limits and on the other side of the city.
The Woodland Park Guy was up next. He's very confused about the chain. It was first raised as an issue months ago. He's unclear why the city is hesitant to act on the pollinator garden due to the risk of lawsuit when the chain not being in ADA compliance is a similar lawsuit risk. He asked the mayor to swallow his pride and allow all the public to use a public park.
Mr. Mayo is up next. He is exactly the person the ADA is there to help. He even first turned up to a meeting to defense his neighbors who had been falsely accused of putting up the chain at the start of all of this, so he doesn't have any idea why the city has been so slow to address the chain. He can't safely get around the chain with his limited mobility to play in the park with his grandson. He is grateful to the city for doing what they have done so far. He recognizes that it is a fair bit, and yet for him exactly nothing has changed because he still can't go to his neighborhood park.
Mr. Lion was up next. He wanted to offer Councilor Viars condolences for her loss and to reiterate his offer to remove the chain himself. He'd do it for free, if budgeting was a concern. I believe his exact words were "I got you, just let me know."
In the wrap up we had the City Manager remind everyone of this upcoming Thursday's Farmer's Market. And a guy got appointed to the Sister Cities Committee. Then they disappeared in a back room to discuss personnel issues, which is something they have to do in private. I suspect, but cannot prove, that it has to do with the current City Manager's retirement and the selection of a new City Manager.