Draper residents appeal over TRAX line

By Amelia Nielson-Stowell
Deseret Morning News       A group of Draper residents has filed an appeal in 3rd District Court, accusing the city of "wrongfully" and "inappropriately" dismissing 115 signatures needed for the group's referendum petition concerning a proposed TRAX line.

Citizen's For Responsible Transportation (CRT), a grassroots group that filed the referendum request late last year, was initially 122 signatures short to put an item on the ballot to allow voters to decide on the location of the TRAX line. The group asked for a recount, and after reviewing the signatures, believes Draper "was not being straightforward" in calculating the signatures and denying the referendum request, said Summer Pugh, a CRT member.
      "It's been a nightmare — we've had to jump through hoops, double hoops and triple hoops," said Pugh, who ran for mayor of Draper in 2005. "It's a gruesome experience to try and get a voice in government."
      CRT formed last year in opposition to a proposed light-rail line that cuts through low-density neighborhoods. That TRAX line would run on former Union Pacific Railroad tracks that were purchased as a right-of-way by the Utah Transit Authority in 1993. Construction on the TRAX extension is expected to start in 2015.
      Many residents preferred to see the line run on State Street. But after a year of studies, the Draper City Council voted unanimously in November 2006 for the Union Pacific route.
      After the council's vote, CRT pushed for a referendum to take the issue to a citywide election. The group collected 1,754 signatures, but not all of those were from certified registered voters.
      Draper city officials declined to comment on the group's appeal and request for a temporary restraining order, filed Monday, because they had not yet been served with the court documents. However, city officials sent a letter to Pugh on Tuesday acknowledging that they had been off by 40 in their assessment of the signatures on the petition.

The city originally had concluded that according to state requirements, 1,566 signatures would be needed to hold a referendum. Pugh contested that number and sent a letter to city recorder Kathy Montoya. Montoya responded that she had checked with both Salt Lake and Utah counties (the city spans both counties) and confirmed that the total number of signatures needed was actually 1,526.
      That still puts the group 82 signatures away from their goal. In their appeal, the group claims that other errors were made and that they had obtained the necessary number of signatures for a citywide vote.
      According to the appeal, 25 signatures were not counted because the Draper city recorder had set a deadline one day earlier than needed. CRT also contends that 90 signatures were rejected because the individuals have since moved from the address they listed when they registered to vote.