Tuesday's vote pitted outgoing council member Maxfield and returning Councilwoman Martha Speed against recently defeated Mayor Wayne Mortimer, defeated Councilman Morris Clark and returning Councilman Craig Briggs. Clark and Maxfield, who did not run for re-election, are being replaced by two council candidates who are members of Bluffdale United, and Mortimer's replacement, Claudia Anderson, is also a Bluffdale United member.

Speed said she was opposed to applying the MU to Area 4 because it would tie the hands of the incoming council, who should be left to deal with the disconnection lawsuit.

"Through the whole process of this, I have refused to react on my fears," Speed said, acknowledging that she worried about the disconnection but saying she believes the law is on Bluffdale's side. "Let's give the rule of law a chance. And you don't if you just cater to (the developers)."

Mortimer does not have a vote on the council, so the issue came down to the vote of Councilman Jesse Kelly, who ultimately voted against the zoning change.

"I've been accused of waffling on this," he said before voting. "You're damned right I have. This has been a difficult issue."

Mortimer pleaded with the council to vote for the zoning change. He said he fully expected the new council and mayor to reverse the vote once they take over but called the zoning change the city's last chance to show Judge Quinn and the developers that they are willing to compromise and work on an agreement.

With the zoning change failing to be approved Tuesday, the disconnection suit will continue with developers still unable to get what they want from the city. City officials, including attorney Dale Gardiner, have said they believe if the suit goes to trial — which it could as soon as February — the developers have a good chance of winning. That, they worry, would mean the development would go on as the developers want, but without Bluffdale having any control over it or reaping any of the tax benefits.

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E-mail: dsmeath@desnews.com