Eagle Mountain is upset by plan to annex land

EAGLE MOUNTAIN — A 786-acre annexation being considered by Saratoga Springs may leave an oversize utility infrastructure in Eagle Mountain running well below capacity.

The city councils and other officials from the two cities met together last week to try to resolve concerns over the property that each city has targeted in policy declarations on future growth.

No resolutions were achieved during the joint meeting, which was followed by a closed meeting of the Eagle Mountain City Council that may have violated the state's open meeting law.

Eagle Mountain City Attorney Jerald Kinghorn said the closed-to-the-public session was justified because of a city protest that was lodged with the Utah County Boundary Commission following its initial proposal. He said the protest meets the requirement of "pending litigation" cited in state code.

The closed-door session actually follows the filing of a second annexation petition by the property developers, a factor that raises the legal question anew, said attorney Tim Smith, who often represents Utah reporters on open meeting issues.

"These small cities really push the limits (of the open-meetings law)," said Smith, who noted the Utah Supreme Court has ruled recently that annexation protests are covered under pending litigation. Smith said it appears there has not been a new protest filed, bringing into question whether last week's closed session meets the spirit the law.

"I still think what Eagle Mountain has done is problematic," Smith said. "Thinking about protesting is not enough."

"I was a little surprised that they went into closed session," said Ken Leetham, Saratoga Springs city manager.

Mark Palesh, who is representing the developers and who served as a city manager in California for 20 years, also questioned the closed-door meeting to discuss issues swirling the annexation.

Millennium Associates wants to put 1,450 single-family homes and 500 condominiums on land between U-73 and the Pony Express Parkway. The developers say the project is an extension of a project that is already part of Saratoga Springs — and they want the entire project to remain in the same city. Palesh said the developers have been impressed by the governing style of Saratoga Springs leaders.

Eagle Mountain Mayor Kelvin Bailey said the council made no decision on whether or not to protest the latest annexation request during the closed session.