City council OKs small-cell antenna fees, honors Director Paul Krauss

The city council honored Community Development Director Paul Krauss, who is retiring after more than 12 years working with the City of Lynnwood.

The Lynnwood City Council at its meeting Monday, Jan. 28 voted to approve fee schedule amendments that include the use of 5G-capable small-cell antennas.

The decision to pass an ordinance with fee schedule amendments for small-cell antennas came after much deliberation by city councilmembers. The issue was whether the council should follow the Federal Communications Commission’s (FCC) lead and charge a rental fee of $270 per pole annually or have the city set its own fee. You can read more about the small-cell antenna issue here.

“We have decided to go with the recommendations of the FCC,” said councilmember Shannon Sessions.

In September of last year, the FCC issued an order that limited the authority of local jurisdictions to regulate small-cell antenna equipment. The city considered charging a higher annual fee for the antennas in the wake of other cities like Everett and Kent challenging the FCC’s ruling.

The ordinance was passed by a 6-1 vote, with Councilmember George Hurst voting against the ordinance. Hurst said he does not believe it is the right of multi-billion dollar wireless companies to decide how a city regulates small-cell antennas.

“This is a third party trying to control and restrict the city’s right to regulate the city’s right of way,” he said. “This is a right of way paid by taxpayers.”

Hurst said he is hoping the efforts of the cities challenging the order in court are successful and if they are, the fee could be changed.

Councilmember Ian Cotton said he supports the ordinance at this time, because it will allow the city the option to adjust the fee later. He said the language in the contracts with the wireless providers is linked to the city’s fee schedules, but the fee is not contractual so the city could update it.

“It’s available for staff to update, which is important to me, because we don’t know yet what the true cost of this is,” he said.

Cotton said he trusts city staff to analyze the fees set by the FCC and recommend a future adjustment if needed.

In addition to addressing small-cell antennas, the ordinance updated fees related to the Parks, Recreation and Cultural Arts Department as well as correcting an error to technology fees. The Parks and Rec fees include new sick-leave benefits for employees as well as raising minimum wage to $12 an hour in 2019.

The city council also recognized Community Development Director Paul Krauss, who is retiring after more than 12 years working with the City of Lynnwood.

“Director Krauss played a significant role in the re-emergence of Lynnwood as a major influencer in the region and a force in regional decision-making,” said City Council President Ben Goodwin.

Goodwin praised Krauss’s work with the city in efforts like persuading Sound Transit to locate its rail yard in Bellevue instead of Lynnwood and guiding his department in developing code amendments to improve the city.

“Director Krauss created an environment throughout his tenure that allowed his staff of professionals to transition to bigger and better opportunities and positions,” both inside and outside the city, Goodwin said.

Krauss said he is grateful for his time working with the City of Lynnwood and seeing its expansion, including the increasing number of residents.

“What’s more important — living in quality neighborhoods, with quality development and a very exciting future,” he said.

— Story and photo by Cody Sexton

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