Council adds American Tower easement to the agenda; residents warn of legal risk and procedural questions

Councilors voted June 2 to place a proposed resolution concerning a potential permanent easement with American Tower on the agenda and later debated whether to treat it as an emergency.

The measure, identified as Resolution 217-2026, would authorize the service-safety director to begin closing processes for a potential permanent easement and to execute necessary documents contingent on final council approval. Law-direction staff advised that the matter was originally filed as non-emergency and that emergency treatment would be necessary to accelerate the timetable to meet the company’s schedule.

During citizen comment, Kurt Fankouser warned that changing terms on the tower easement could reopen legal claims related to an earlier agreement and that selling or materially altering an easement for city-owned property could trigger bidding or other statutory requirements. "If you make any changes to that, it reopens the door for suing the city," Fankouser said, urging the law director to confirm legal constraints before council action.

Council voted to add the item to tonight’s agenda and later to amend it to be read as an emergency. However, the emergency declaration did not secure unanimous support and the item was held to a first reading and referred to the Public Lands and Buildings Committee for further consideration.

What happens next: Resolution 217-2026 will be considered in committee and will return to council after the law director and staff provide clarity about bidding requirements and any potential legal exposure.